WHAT IS A SECURITY MEASURE?
When you think about security measures first you might think
of them as measures applied before the crime occurs. But it is different in
Turkish Criminal Law. If you have sentenced with a security measure (such as
deportation) it is best to contact an English-speaking criminal lawyer in
Istanbul.
A security measure is
a type of sanction imposed by a judge after the commission of a crime,
considering the dangerousness of the perpetrator.
The main purpose of the application of security measures is
to rehabilitate the offender and reintegrate them into society and to prevent
re-offense. Security measures may be imposed in addition to or independently of
the punishment.
In the justification of the conviction, it is necessary to
specify the security measure to be applied instead of or in addition to the
sentence. A security measure order is a type of verdict. To decide on a
security measure, the perpetrator must be determined to have committed a crime
through a trial. Security measures are decided upon the conclusion of the trial
in a criminal case and the announcement of the final decision by the court.
What are the Security Measures in the Turkish Criminal
Code?
In Turkish Criminal Code security measures are as follows:
deprivation of certain rights, confiscation of property, confiscation of
earnings, security measures specific to children, security measures specific to
the mentally ill, recidivism and particularly dangerous criminals, deportation,
security measures for legal persons.
Objection or Appeal Against a Security Measure Decision
Since the security measure decision is a judgment, the
judgment can be reviewed by applying to the legal remedy of appeal.
Appeal (İstinaf) to Regional Court of Justice (Bölge Adliye
Mahkemesi)
Appeal is a legal procedure that reviews the decision of the
local court both in terms of material facts and legal aspects. The appeal
review is carried out by the court of appeal (regional court of justice), which
is a higher-ranking court. The application period for the legal remedy of
appeal is 7 days.
Appeals (Temyiz) Against Security Measures
An appeal (temyiz) is granted to the parties to a criminal
case for the legal re-examination of the judgments of the Regional Court of
Justice other than the reversal decision. The appeal period is 15 days from the
date of the pronouncement or notification of the decision of the Regional Court
of Justice.
This is intended for general informational purposes only and
not intended as a substitute for the advice and counsel of a criminal defense
attorney. If you want to contact an English-speaking criminal lawyer
in Istanbul for more information you can contact our office.
