Protective Measures and Police Investigation in Drug Cases

In drug cases, in addition to arrest, lighter protective measures may also be applied; These secure the trial while allowing the defendant to continue his life.

Judicial Control (CMK article 109)

Judicial control, which is an alternative to detention, may include the following obligations:

• Abroad travel ban.
• Prohibition to go/not go to a certain place.
• Signature to the periodic police station/law enforcement agency.
• Prohibition on meeting certain people.
• Driver's license/gun license withdrawal.
• Payment of bail (CMK art. 113-115).

Abroad Travel Ban

• It is common in serious crimes.
• It is placed by the decision of the judge, and it is removed by the decision.
• Detected at passport control before flight.
• It is removed when the trial is over; If the reason for the delay is unfair, compensation (CMK article 141) comes to the fore.

Injunction on Property (CMK article 128)

Seizure/measures may be taken on real estate, bank accounts, vehicles and other assets for the purpose of confiscating the proceeds of crime. This measure prevents the sale or transfer of property during the trial.

Additional Protection Measures

• Communication detection/listening (CMK article 135): Can be renewed during the trial.
• Technical surveillance (CMK article 140): Movements of the defendant.
• Secret investigator (CMK article 139):With certain limits.

Supreme Court 10th CD and Constitutional Court — Principle

10. CD and the Constitutional Court seek to ensure that protective measures are implemented in accordance with the principles of "proportionality" and "proportionality", that the measures are periodically reviewed as the file progresses, and that they do not actually constitute a violation of rights.

Way to Object to Measure