Judicial control in criminal procedure law

The Code of Criminal Procedure stipulates several measures, called "Procedure Measures" by the legislator, which constitute restrictions on the rights and freedoms of individuals in different forms and intensities before the definitive judgment in order to ensure that the criminal proceedings are conducted and concluded in a sound manner. Among them, the measure that imposes the most intensive restriction on the rights and freedoms of individuals is pre-trial detention. Judicial control is an institution that constitutes an alternative to pre-trial detention, which was first introduced to our trial law with the Criminal Procedure Law No. 5271, which was put into force on June 1st, 2005, based on the French Criminal Procedure Law. The main purpose of the establishment of the institution is to make pre-trial detention a measure of last resort as a result of the increasing realization of the importance of individual rights and freedoms. Thus, the relationship between pre-trial detention and judicial control is basically based on the principle of proportionality, for the aforementioned principle envisages the application of the measure that will have the least impact on the person as a means of achieving the objective. The judicial control measure, an alternative to pre-trial detention but that can also be adopted independently of pre-trial detention, consists of twelve different obligations, which are regulated for different purposes. In our study, the judicial control measure has been examined in terms of legislation, the issues that are, in our opinion, missing in terms of legislation and practice and the solution proposals for them have been discussed, and the provisions added to the procedural law within the scope of the law dated July 8th, 2021 and numbered 7331 have been evaluated. Keywords: Judicial Control, Criminal Procedure, Protection Measure, Principle of Proportionality, Alternative Measures to Pre-trial Detention.