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.