In criminal proceedings, arrest is one of the most severe protective measures and is a practice that restricts a person’s freedom. However, not every person who is suspected of a crime can be arrested. According to the Turkish Code of Criminal Procedure (CMK), arrest is only possible if certain conditions are met. So, can the court issue an arrest warrant at the first hearing? Let’s examine the answer to this question in detail.
What is an Arrest Warrant?
Arrest is a protective measure that ensures that a person is kept in prison until they appear in court or during the trial process. Arrest warrants can be issued by judicial authorities under certain conditions and should be implemented as an exceptional measure.
Under What Conditions is an Arrest Warrant Given?
According to Article 100 of the Code of Criminal Procedure, the following conditions are required for an arrest warrant to be issued:
There must be a strong suspicion of a crime:
For an arrest warrant, there must be a strong suspicion that the person has committed a crime.
There are reasons for arrest:
A decision to arrest may be made in cases such as the suspect or defendant’s risk of escape,
There is a possibility of obscuring or destroying evidence,
There is a possibility of pressuring witnesses, victims or other persons.
The principle of proportionality:
Arrest should be applied as a last resort. If less severe measures such as judicial control are sufficient, an arrest warrant should not be issued.
One of the crimes specified in the law has been committed:
A decision to arrest may be made in cases involving serious crimes within the scope of Article 100 of the CMK.
Can an Arrest Order Be Issued at the First Hearing?
The court may decide to arrest the defendant at the first hearing. However, the conditions specified above must be met for this. It is possible to issue an arrest warrant at the first hearing in the following cases:
If there is no previous arrest warrant issued for the defendant, but the court determines that the grounds for arrest have been established when evaluating the evidence during the trial process,
If the defendant is at risk of fleeing or obscuring evidence,
If the nature of the crime and the current status of evidence create a strong suspicion of a crime, the court may issue an arrest warrant for the defendant at the first hearing.
The Judge’s Discretionary Power and Right to Defense
Arrest warrants are within the court’s discretion. However, the defendant and his/her lawyer may file a defense against the request for arrest. The court makes a decision by considering all evidence and defenses.
Can the Arrest Warrant Be Objected?
Yes, there is a right to object to the arrest warrant. According to Article 101 of the CMK, the defendant or his/her lawyer may object to the arrest warrant by applying to a higher court. The court evaluates the objection and decides whether the arrest warrant will continue.
The court may issue an arrest warrant at the first hearing, but certain legal conditions must be met for this to happen. An arrest warrant can only be issued if there is a strong suspicion of a crime and reasons for arrest. Otherwise, the court may order less severe measures such as judicial control for the defendant.
