INJUSTICE OF THE LAW: “JUDICAL CONTROL CONDITION”

Abstract

The sense of justice is the foundation of political life. Justice is giving what one deserves to those who deserve it. Injustice refers to those who do not get what they deserve or are victims who are not given their rights. This situation leads the victim to seek his or her right through the practices of justice (law). The victim, while waiting for the manifestation of justice and the elimination of his victimization, can be victimized a second time by the law. The aforementioned applications can be shown as "judicial control condition" and "probation". Similar legal practices not only weaken the sense of justice, which is the denominator of political life, but also encourage the one, who is responsible for the victimization (the criminal) and cause the victim to suffer injustice for the second time. Criminal Procedure Law No. 5271 introduces Judicial Control Condition. According to this law, although the suspect or the accused has acted to meet the conditions of detention, they are brought under control and subject to one or more of the obligations in the law. Again, the practices made pursuant to Article 105/A of the Penal Execution Law No. 5275 is a criminal law practice that allows the execution of the sentenced person in social life. These two laws, according to the criminal law, somehow either save the criminal from being punished or reduce the punishment s/he receives. In other words, they seem to forgive implicitly. The existence of people, who are not punished for their crimes with these two laws, shakes the trust in justice, especially in the conscience of the society and the people they victimize. Because, by definition, while justice is giving what is deserved to the one who deserves it, it turns into the forgiveness of the one who deserves the punishment by law. While the law, by its very nature, should provide justice, it opens the way for legal injustice.