24 May 2024

Introduction

Exit prohibition abroad is one of the judicial control measures regulated in the Criminal Procedure Code and applied to prevent the escape of suspects or defendants.

The exit prohibition abroad measure can be ordered by the public prosecutor's request and the decision of the peace judge at any stage of the investigation or by the court where the prosecution is being heard.

In Which Offenses Can an Exit Prohibition Abroad Be Ordered?

For an exit prohibition abroad to be ordered, there must be concrete evidence indicating a strong suspicion of a crime and concrete facts that create a suspicion that the person will flee, hide, or escape.

The law provides that for certain types of offenses, if there is a strong suspicion of a crime based on concrete evidence, the reason for arrest can be considered to exist. Some of these offenses, for which exit prohibition abroad is frequently applied, are as follows:

  • Smuggling of migrants and human trafficking

  • Homicide

  • Sexual assault

  • Pillage

  • Production and trade of narcotics or stimulants

  • Terrorism and offenses against the constitutional order

  • Smuggling offenses

In addition, under certain conditions, an exit prohibition abroad can be ordered for fraud, negligent homicide, negligent injury, and all other offenses listed in the law.

Deadlines and Grounds for Appeal Against Exit Prohibition Abroad

The parties concerned may appeal the exit prohibition abroad decision to the authority that issued the decision within seven days from the date they learn of the decision. The judge or court against whose decision an appeal is filed shall correct the decision if it finds the appeal to be justified; otherwise, it shall send the appeal to the authority competent to examine it within three days at most. This authority varies depending on the investigation and prosecution phase. The decision given by the reviewing authority on the appeal is final. However, the lifting of the exit prohibition abroad can always be requested from the authority that imposed the prohibition.

Conclusion

Exit prohibition abroad can only be applied if the legal conditions are met and by a court or judge's decision. When deciding on an exit prohibition abroad, factors such as the suspicion of the suspect or defendant's escape, the suspicion of destroying evidence, the suspicion of threatening or intimidating witnesses or experts, and the possibility of repeating the crime are taken into account.

 
 
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