Abstract:

The purpose of criminal procedure law is to reach the material truth by ensuring the application of procedural rules. Some necessary measures can be taken in order to fulfill the purpose of criminal procedure activity. For the purpose of criminal procedure activity, some necessary measures can be taken. The measures taken in order to make the judgment, to decide on the dispute and to implement the decision are expressed as protective measures. All of the measures restrict the individual’s fundamental rights and freedoms. Since the purpose of its implementation is not to punish the individual, the intervention of the measure should be proportionate. The principle function of proportionality is a prerequisite for the implementation of measures, as its primary function is to provide assurance of the individual’s rights. The principle of proportionality forces decision-makers to enforce measures in line with human rights. Even if the conditions of restricting certain rights are fulfilled in the state of law, the damage should be proportional. If the aim of the measure is to be achieved by another measure with less harm to the individual, more severe measures should not be used. In other words, the general benefit to be obtained by the restriction of the individual’s fundamental rights and freedoms as a result of the application of the protection measures should not be less than the individual damage caused by the restriction.

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