Common terms in criminal proceedings are technical follow-up and physical follow-up. There are differences between these two terms, which are often confused with each other.
Technical follow-up is aimed at controlling communication through telecommunications, using secret investigators and reaching people and evidence by applying monitoring measures with technical tools. Code of Criminal Procedure m.It is arranged between 135 and 140. In order to apply for technical follow-up measures, there are conditions such as the absence of evidence by other means, the inclusion of the crime in the catalog.
Physical follow-up; no images or records are taken about the suspect in the path of physical follow-up. Only officers of the judicial police and the suspect after the crime has been determined, which is processed by; a feature of the event, according to the suspect’s crime partner or partners, whether established for committing the crime of crime processed within the framework of the activities of an organization are processed to detect whether or narcotic or stimulant substance hiding somewhere for reasons such as the perpetrator being caught is present by a reasonable period of time to continue monitoring crime is being routed. By this method, the prosecutor and law enforcement can conduct the follow-up process in a periodic manner without the decision of the judge. Code of Criminal Procedure m.160 and M.161 they do this process according to.
Although there is no legislation on how physical follow-up should be carried out, it is necessary to separate it as the physical follow-up Authority of law enforcement and the prosecutor when it is considered within the framework of CMK m160.
Physical Monitoring Through The Police
Although the authority for physical surveillance is with law enforcement and the prosecutor, if law enforcement is going to commit a crime against the suspect on the basis of that authority? he can’t follow his logic. Law enforcement can try to identify people involved in the crime, who, in their experience, follow the person on suspicion that the bag is a drug, that two people give each other a bag while patrolling the street. So there should be a follow-up situation in the heat of the heat.
However, according to a notice reached by law enforcement, the ABC street address number and Department must notify the Public Prosecutor of this notice before law enforcement can conduct a physical follow-up in the event that drugs are sold at a certain house. In accordance with the written instructions of the prosecutor, more effective investigation of suspects can be achieved, as well as prevent a larger crime related to public safety, as well as issues that may be in favor of the suspect in the context of an effective investigation. It is very important to organize a physical follow-up report. This is not a Traffic Penalty Report, it is ultimately the construction phase of a criminal trial. For this reason, it is very important to have a public prosecutor as a lawyer at every stage of criminal proceedings
Although a reasonable period of time has passed since he was notified, the law enforcement agency does not notify the public prosecutor, in my opinion, the physical follow-up report is illegal. In this way, the abuse of power will be prevented.
The primary duty of law enforcement officers, who have two duties before and after the crime, is to take the necessary measures to prevent the commission of crime in order to remove the dangers present in terms of the safety and order of society. After the crime has been committed, the crime has been determined and the evidence has been collected and the person who has been determined to have committed the crime has been caught and brought to justice without being directed to commit another crime. If law enforcement officials act in such a way as to increase the criminal responsibility of the suspect, it is necessary to act 2 of the Constitution of the Republic of Turkey. the item held in a “state of law” principle 6 of the European Convention on human rights. the right to a “fair trial” as stipulated in the article will be violated.