Introduction

The Criminal Procedure Code (CMK) is a law that regulates the necessary steps for the justice mechanism to function after a crime has been committed. These steps include the collection of evidence, the apprehension of the suspect, and the conduct of the trial.

CMK provides for a series of measures called judicial control measures to ensure these steps are taken and that the trial is not disrupted. These measures are envisaged as an alternative to detention. This article will discuss what judicial control measures are and in which cases they can be applied.

What are Judicial Control Measures?

Judicial control measures are measures applied to suspects or defendants as an alternative to detention, in order to prevent the suspect or defendant from fleeing, destroying evidence or influencing the trial. They are regulated in Articles 109 and following.

In Which Cases Can Judicial Measures Be Decided?

A decision can be made to take a suspect under judicial control instead of detaining them if the grounds for detention specified in the CMK exist. For the grounds for detention to exist, two elements must be present together:

1. Strong suspicion of crime: There must be concrete evidence that the suspect or defendant has committed a crime.

2. Existence of grounds for detention: One or more of the grounds for detention listed in Article 100 of the CMK must be present. These reasons are:

   • Risk of fleeing away

   • Suspicion of destroying or concealing evidence

   • Suspicion of threatening or intimidating witnesses or experts

   • Suspicion of aiding or abetting the commission of the crime

   • Likelihood of reoffending

Types of Judicial Control Measures

Some of the judicial control measures provided for in the CMK are:

• Reporting to certain places: This is a judicial control measure that is often applied in the form of signing in at the police station at regular intervals, at times determined by the judge.

• Travel ban: This is a measure that prohibits the suspect or defendant from traveling abroad.

• Prohibition from pursuing a profession: This is a measure that prohibits the suspect or defendant from pursuing certain professions.

• Electronic anklet: This is a measure that prohibits the suspect or defendant from leaving a certain area.

• Not to leave the residence

• Not to leave a certain settlement area

• Not to go to certain places or areas.

Conclusion

Judicial measures are an important tool for the proper conduct of criminal proceedings. These measures prevent the suspect or defendant from fleeing, destroying evidence or influencing the trial, thus ensuring that justice is served. However, it is of great importance that these measures are applied within reasonable limits and in a proportionate manner, in accordance with the principles of the presumption of innocence and the legality of crime and punishment