Many people against whom there is an investigation or lawsuit have to go to the nearest police station and sign on certain days of the week. This measure, known in practice as “signature obligation”, is a form of judicial control envisaged as an alternative to arrest. However, in cases that last for years, this obligation seriously restricts the person’s business life, travel and daily routine. In this article
We explain in detail how to request removal of signature obligation, what grounds yield results and what recourses are open if the request is rejected.
What is the Signature Obligation?
Signature obligation is regulated in Article 109 of the Criminal Procedure Code No. 5271.from judicial control measures is one. The law stipulates that it is an obligation for the suspect or defendant to apply to the places determined by the judge at specified intervals and sign. In practice, this usually works by going to the law enforcement unit at the place of residence once or twice a week and signing.
The purpose of the measure is to achieve the consequences of detention in the way that least limits personal freedom. We examined through Judiciary PROIn the decision of the 12th Criminal Chamber of the Supreme Court of Appeals E.2022/6529 K.2026/3111this purpose is clearly stated: the judicial control institution is designed as an alternative protection measure to arrest, and its purpose is to prevent the suspect or defendant from escaping, hiding, obscuring evidence, to prevent pressure on the witness or victim, and to ensure that the trial is conducted in a healthy manner.
Another very important determination is included in the same decision: although there is an upper time limit for judicial control in the law, as in detention,Since judicial control is a protection measure, it is temporary; It must be abolished when the conditions that justify it disappear. This sentence is the strongest legal basis for removal requests.
When Can the Signature Obligation Be Removed?
A certain period of time is not required for a removal request. What is decisive is whether the reason requiring the precaution still exists. The following situations are the most commonly accepted reasons in practice.
1. Collection of Evidence
The main reason for judicial control is the danger of obscuring evidence. If the investigation has been completed, an indictment has been prepared, witnesses have been heard and expert reports have been received, there is no evidence left to obscure. In this case, the basis for the measure is eliminated and the petition must clearly show the stage at which the file is.
2. Fixed Residence and Social Ties
Suspicion of escape must be supported by concrete facts. Living at the same address for a long time, working a regular job, living with a spouse and children, and having dependents are data that reduce the risk of escape. These issues must be documented with a residence certificate, SSI service statement, employer letter and a copy of the population registration certificate.
3. Fulfillment of the Obligation without Disruption for a Long Time
A person who signs regularly for months effectively proves that he has no intention of fleeing. The signature tracking chart obtained from the law enforcement unit is the strongest evidence of this claim. An uninterrupted signature history carries serious weight in the eyes of the courts.
4. Work, Education or Health Reasons
Working outside the city, receiving regular treatment, continuing university education or starting military service may make the signature obligation virtually impossible.In the case subject to the decision of the Supreme Court of Appeals 3rd Criminal Chamber E.2022/33653 K.2022/6963, criminal judgeship of peace upon the suspect’s application on the grounds that he would surrender to his unit due to his military service.removed the obligation to sign and only decided to continue the ban on traveling abroad. This example is instructive as it shows that the measures can be evaluated separately, rather than as a whole.
5. Violation of the Principle of Proportionality
The principle of proportionality contained in Article 13 of the Constitution is also valid in terms of judicial control obligations. In the decision of the 12th Criminal Chamber mentioned above, it was determined that the long-term travel ban and the obligation to sign two days a week effectively deprived the person of freedom, the principle of proportionality was violated and the measure became disproportionate. If there is a signature obligation that lasts for years, this jurisprudence can be used as a direct basis.
How to Request Removal?
The request is submitted to different authorities depending on the stage of the file. During the investigation phase, through the Office of the Chief Public Prosecutor.to the criminal judgeship of peace, directly during the prosecution phase to the court hearing the case petition is submitted. Article 110 of the Code of Criminal Procedure grants these authorities the authority to change and remove the measure.
Five Day Decision Period
Article 111 of the Code of Criminal Procedure contains a critical guarantee: after the opinion of the public prosecutor is obtained regarding the request of the suspect, defendant or defense counsel for the removal of judicial control.decision within five days required. If the request is not resolved within this period, this situation should be followed up personally and, if necessary, reminded in writing.
What to Include in the Petition
- File information: Investigation or basis number, date of judicial control decision and different work number.
- Start date and total duration of the measure: It should be clearly stated how many months and how often the signature has been made.
- Changed conditions: It should be explained concretely what has changed in the file and personal situation since the date of the decision.
- Documents: Attachments such as signature tracking chart, residence, SSI statement, employer letter, health report, student certificate, military service summons document.
- Stepped request: The complete removal of the measure, or if not accepted, the frequency of signatures to be reduced or the place of signature to be changed must be requested separately.
The last item is particularly effective in practice. When courts are hesitant to lift the measure altogether, they are more easily persuaded to reduce the two-day week to one day or to move the place of signing to the county where the person is actually located.
What to Do If the Request Is Denied?
In case the removal request is rejected objection is open. The objection is submitted to the authority that made the decision; If this authority does not change its decision, the file is sent to a higher review authority.Supreme Court of Appeals Criminal General Assembly decision E.2016/1150 K.2020/148, it has been stated that decisions regarding judicial control are among the decisions that are clearly subject to appeal in the law.
The reason for the rejection decision should be directly addressed in the objection petition. If only formulaic expressions such as “the nature of the crime and the current state of evidence” are used in the decision, it should be clearly stated that this abstract justification is not based on concrete facts. Moreover, the removal request is not limited in number: it can be re-submitted whenever there is a change in circumstances. Therefore, a rejected request is not the end of the process.
What Happens If the Signature Obligation is Violated?
Pursuant to Article 112 of the Code of Criminal Procedure, judicial control obligations deliberately An arrest warrant may be issued for the suspect or defendant who does not comply, regardless of the type and amount of the penalty expected to be imposed. Therefore, it is vital not to miss the signing days.
However, intent is also sought here. If the signature cannot be made due to compelling reasons such as illness, accident, natural disaster or transportation becoming practically impossible, this is not considered an intentional violation. In such a case, what needs to be done is to apply to the relevant unit at the first opportunity, prove the excuse with a hospital report or similar document, and report the situation to the file with a petition. Signing days spent without documentation may be used as grounds for aggravating the measures or requesting arrest in the future.
Can I Get Compensation for the Signature Obligation?
The answer to this question was in practice negative for a long time; However, the Supreme Court jurisprudence has brought an important breakthrough. Article 141 of the Code of Criminal Procedure, while listing the measures for which compensation will be paid, includes transactions such as capture, detention, search and seizure, and does not explicitly include judicial control in this list.
On the other hand, in the decision of the 12th Criminal Chamber, which we discussed above, for the plaintiff, who was subjected to a travel ban for 637 days and a signature obligation two days a week, and was eventually acquitted, it was stated that the measure applied exceeded the restriction of freedom of travel and de facto deprived the person of freedom; Accepting that the principle of proportionality has been violated and the measure has become disproportionate reasonable moral compensation should be awarded decision has been made. The Chamber overturned the decision not awarding non-pecuniary damages for this reason.
This case law shows that long-term and heavy signature obligations can be subject to a compensation lawsuit. In cases that result in acquittal or non-prosecution, a request can be made by documenting the duration and intensity of the measure.
Frequently Asked Questions
How many years can the signature obligation extend?
Judicial control measures cannot be applied indefinitely; The law provides upper limits and the continuation of the measure must be evaluated ex officio at intervals of four months at the latest. In addition, when the conditions that justify the measure no longer exist, it must be removed even if the period has not expired.
Can I change my signature location?
Yes. It may be requested to change the law enforcement unit to be signed for reasons such as moving to another province, job change or education. This is a request that is more easily accepted than the complete removal of the measure.
If my removal request is denied, can I reapply?
Yes. The number of requests is not limited. You can re-apply at any stage where there is a change in the file or your personal situation, and you can also appeal against the rejection decision.
I missed my signing day, will I be arrested?
You will not be automatically arrested; For arrest to occur, the violation must be intentional. If you document your excuse and report it immediately, there will be no element of intent.
Is the signature obligation deducted from the penalty?
No. Offset from the penalty is foreseen in terms of obligations not to leave the house and to provide security; Signature obligation is not within the scope of offset. However, long and excessive practices may be the basis for a claim for non-pecuniary damages.
Result
Although judicial control in the form of a signature may seem light compared to an arrest, when it lasts for months or even years, it puts a heavy burden on the person’s work, travel and family life. The Supreme Court has made it clear that this measure is temporary and should be removed when the conditions that justify it disappear. The success of the removal request depends on supporting the current stage of the file, personal circumstances and regular signature history with documentation. Even if the request is rejected, the possibility of objection and re-application is not closed. It would be appropriate to get support from a criminal lawyer to set up the process correctly from the beginning and to raise the right to compensation when necessary.
Legal Notice: This article has been prepared for general information purposes and does not constitute legal advice. Since each file has its own unique conditions, you should definitely consult a lawyer about your concrete situation.
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