Search in Criminal Procedure Law

In order to provide order in the society, prevent the crime and readjust the society order once a crime was committed, one of the most important protection precautions is the ?search? precaution. Searching is a temporary precaution. It must be ended whenever the desirable intention was achieved or became impossible to accomplish with the search precaution.Searching and protection precaution intervenes the immunity of domicile and the confidentiality of the private life. Both according to the Declaration of Human Rights and the Turkish Constitution, every individual has right to wish for respect to his family and private life. However this right is not an inviolable or illimitable under any circumstances. During the search, it is necessary to interfere to the private life to find out the wanted person or the hidden stuff. There are two types of searching warrant given by the government; avoidance search given to preserve the public security and the public order and judicial search which is made after the committed crime so that the crime or the criminal is determined.According to the rules, judges decide to the judicial search warrants. If there is a short in time, the search can be done with the written order of the public prosecutor or the superiors. On the other hand avoidance search warrant is given by the judges as well but yet in delays with the written order of the superior chief, the search can be done.There are several differences in the place searched by the searching authorizations between the judicial search and the avoidance search. While judicial searches can be made at everywhere, the avoidance search cannot be done in the houses, settlements or private workplaces closed to the public use.In the first chapter of the case study represented as my graduate degree thesis, ?the introduction, purpose, the judiciary qualities and the dominant principles of the searching? was analyzed. In the second chapter, ?searching types and conditions?, in the third chapter, ?implementation of the search warrants? and in the forth chapter, ?the end of the searching and search results as done contrary to law? was analyzed.Keywords: Search, Precaution, Judicial, Crime, Private life, Immunity of Domicile.