Özet:

This study examines the judicial search measure that is one of the measures of protection of evidence in accordance with the Criminal Procedure Code, Law 5271, that came into force on 01 June 2005. First, the topic of judicial search is separated into divisions according to the purpose, concept and the person who is to be subject to the search. Under these divisions, the concepts of search incident to arrest, search of evidence, search related to the suspect or accused, search related to the other persons and the search of lawyer as well as the concepts of body search, search of the belongings, search in the dwelling, and business place are examined. The conditions of judicial search are studied under two categories: substantive conditions and condition of warrant. Those cases which do not require a search warrant or search order are also examined under the topic of the conditions of the judicial search warrant. The other topics discussed in this study are the time of the judicial search, the ways to terminate the judicial search, and finally the legal remedy against a judicial search proceeding under the Criminal Procedure Law

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