In cases where it is inconvenient to delay a criminal sanction against a person who is in a legally suspicious situation or has committed a crime, it is one of the judicial control measures applied against a suspicious or guilty person. Or in other words, although there are reasons for arresting people suspected of committing a crime and people who have been found to have committed a crime, the need for an arrest warrant is an injunction issued by a court instead of a court order.
Since the ban on going abroad is an injunction issued before the arrest against a suspect or offender, there must be strong doubts about the person in question that the person in question may commit, such as a case of escape, a suspicion of evidence blackout. So can the ban on going abroad be lifted? To whom can an appeal be filed for a ban on departure abroad ? Where is the competent court for this? Are there any decisions of the Supreme Court on this issue? Now let’s see the answer to these questions together.
Reasons for the Ban on Travel Abroad
After the amendment of the Constitution of the Republic of Turkey No. 5982 made on September 12, 2010, regulations have also been made regarding the ban on travel abroad. In this context, this ban has been lifted for those who have been banned from going abroad due to tax arrears in the past years, and the ban on going abroad can only be limited in cases of criminal investigation and prosecution and depending on the judge’s decision.
One of the most frequently asked questions about this issue is whether a person who has not fulfilled his military duty can go abroad. It is worth noting again that this situation was eliminated by the constitutional amendment referendum held on September 12, 2010, and the ban on leaving abroad can only be limited depending on the judge’s decision in cases of criminal investigation and prosecution.
Lifting the Ban on Going Abroad
The lifting of this prohibition may be carried out at the request of the prosecutor and with the approval of the Magistrate before the opening of the criminal case or during the prosecution process after the opening of the criminal case. The abolition of this ban will be considered upon the application to be made.
The lifting of the ban on travel abroad can be made at the official request of the suspect or defendant, or by the lawyers of such persons. This application may vary depending on the authority imposing the ban. If the ban is issued as a result of an investigation, an appeal may be filed with a judge, and if it is issued during the prosecution phase, an appeal may be filed with a court.
The deadline given by the legislator for lifting the ban on leaving abroad is 7 days. persons who do not object to the ban within 7 days will not be able to file an appeal for this ban afterwards. You can contact an expert and experienced criminal lawyer in your field for detailed information or assistance on the prohibition of entry abroad.
