Judicial surveillance of communications in the context of the princpile of nemo tenetur se ipsum accusare

The measure of surveillance of communications for judicial purposes is regulated in Article 135 of the Code of Criminal Procedure. The principle of nemo tenetur, which is one of the limits of the obligation to endure, is protected by Article 38, paragraph 5 of the Constitution. The aim of this study is to analyze the relationship between these two concepts. In the first part, firstly, a general introduction to the concept of protection measures is made, and then the communication surveillance measure regulated under Article 135 of the Code of Criminal Procedure is examined in detail. In the second part, the principle of "nemo tenetur se ipsum" accusare, which is one of the limits of the obligation to endure, which constitutes the other pillar of the study, is examined. In order not to disturb the systematicity of the subject, firstly, the obligation to bear is mentioned in general, and the limits of the obligation to bear other than the nemo tenetur principle are briefly examined. Then, the principle of "nemo tenetur se ipsum accusare" is examined in detail. The last section analyzes the relationship between the two concepts and presents the conclusions drawn from the study.