When Does a Person Go to Prison Have Their First Court?
Just because a person goes to prison does not mean that the process is over. The trial process continues along with the prison process. So, when does a person go to prison have their first court? The answer to this question depends on various factors such as the nature of the case, the type of crime, and the process of collecting evidence. Here are some points to consider to better understand this process:
1. Detention Process
When a person is caught on suspicion of a crime, they may first be detained. This period may vary between 24 and 48 hours.
For example: If a person is detained on suspicion of theft, the police will collect evidence and take their statement for 24 hours. The detention period may be extended for some crimes.
2. Statement by the Prosecutor’s Office and Request for Arrest
After the detention period ends, the suspect referred to the prosecutor’s office may be released after their statement is taken at the prosecutor’s office, or they may be referred to court with a request for arrest.
For example: The prosecutor may release the person if they think there is insufficient evidence. However, if there is suspicion of a serious crime, they can be brought to court with a request for arrest.
3. Criminal Court of Peace Decision
The person can be brought to the criminal court of peace with a request for arrest. The judge decides whether the person will be arrested or released depending on the current evidence.
Detention Decision: If the person is arrested, they will be sent to prison. At this point, no verdict has been given; only the trial process has begun.
Example: If a person is arrested on suspicion of committing a serious crime, they will be sent to prison and the trial process will begin.
4. When Will the First Court Be Held?
The first court date for the arrested person’s trial will begin is determined according to the nature of the crime, the evidence collection process and the judicial calendar. Generally, arrested people wait a maximum of a few months to be brought to court.
Serious Criminal Cases: The first hearing for serious crimes such as murder and organized crime can be held within 2-3 months.
Simple Crimes: The trial process can begin more quickly for relatively simple crimes such as theft.
Example: If a person is put in prison on charges of murder, it may take several months for the evidence to be collected and the file to be prepared. In this case, the first trial will be held in 2-3 months.
5. Importance of the First Hearing
In the first hearing, the court listens to the defendant’s defense and decides whether the defendant’s detention will continue in light of the evidence. If the evidence is not deemed sufficient, the person may be released.
Release Decision: In the first hearing, the judge may decide that the defendant be tried without detention due to the status of evidence. In this case, the defendant is released from prison but his/her trial continues.
Continuation of Detention: If the evidence is strong and the suspicion that the crime has been committed is strong, the person continues to be detained.
6. Court Process and Verdict
After the first hearing, procedures such as evaluating the evidence and hearing the witnesses are carried out. The court may give a verdict in several hearings depending on the case file.
Example: If the person is being tried without detention, he/she may be released at the first hearing, but his/her trial may last for months or even years.
7. Right to Objection and Appeal
The decision given in the first court may be objected to by the defendant or the prosecutor. In this case, the file is brought to a higher court and the review process continues.
Example: If the person is found not guilty and released in the first court, the prosecutor can appeal this decision.
Example Scenario 8: Arrest on Suspicion of Murder
Ali is detained on suspicion of murder and referred to the prosecutor’s office. The prosecutor finds sufficient evidence and refers Ali to the criminal court of peace. The judge decides that Ali will be tried in custody. Ali remains in prison for 3 months and evidence is collected until his first hearing. He makes his defense in the first hearing, but since the evidence is strong, it is decided that his detention will continue. Ali remains in custody throughout the trial process and after several hearings, the court makes its final decision.
