Can an Arrest Be Made Before the Sentence is Finalized?
Criminal law sees the restriction of an individual’s freedom as the last resort. Therefore, arrest is a measure subject to strict conditions. However, an arrest warrant can also be issued before the sentence is finalized. We will discuss the legal basis and examples of this situation in the following articles.
1. What is an Arrest?
An arrest is the deprivation of a person’s freedom on suspicion of committing a crime.
An arrest warrant is applied during the investigation or prosecution process when there is a possibility that the defendant will flee or obscure evidence.
It is a precautionary measure and does not serve the purpose of punishment.
2. Can an Arrest Warrant Be Made Before the Sentence is Finalized?
Yes, an arrest warrant can be made during the investigation or prosecution process without waiting for a sentence to be finalized. However, certain conditions must be met in this decision. These conditions are regulated within the framework of Article 100 of the Code of Criminal Procedure (CMK).
3. What are the Conditions of Arrest?
According to the Code of Criminal Procedure, the following conditions are required for an arrest warrant to be issued:
Strong Suspicion of Crime: There must be strong evidence that the defendant committed the crime.
Suspicion of Escape: The possibility that the defendant will go abroad, hide or flee.
Suspicion of Consuming Evidence: The possibility that the defendant will destroy evidence, influence witnesses or change the course of the incident.
Example: If a defendant accused of fraud attempts to conceal evidence, he/she may be arrested before his/her sentence is finalized.
4. For Which Crimes is Arrest Easier?
For some crimes, an arrest warrant can be issued more quickly and easily:
Serious Crimes: For example; arrest warrants are applied more frequently for serious crimes such as murder and armed robbery.
Organized Crimes: In crimes related to organized crime organizations, arrest warrants are issued more easily because the possibility of evidence being concealed is high.
Example: In a murder case, if the defendant is making preparations to flee the country, he/she may be arrested before the sentence is finalized.
5. Objection to the Detention Order and Alternative Measures
Objection to the Detention Order: The defendant or his/her lawyer may object to the detention order. In this case, a higher court will review the decision.
Judicial Control Order: The court may decide on judicial control instead of arrest. Judicial control is an alternative that allows the defendant to be released under certain obligations.
Example: A defendant who is not suspected of escaping may be released on judicial control instead of being arrested. For example, measures such as giving weekly signatures or a ban on traveling abroad may be applied.
6. Arrest After the Sentence is Finalized
After the sentence is finalized, arrest is no longer a precautionary measure, but rather the execution of the sentence. In this case, the person is sent to prison based on his/her conviction. However, until the sentence is finalized, arrest is a precautionary measure and can be lifted by a court decision.
7.
Arrest is a measure applied before the person’s guilt is determined. However, the basic principle in terms of criminal law is that restriction of freedom is a method to be resorted to in cases of necessity. For this reason, courts make decisions by carefully examining the evidence and circumstances in each case.
