Detention is a measure implemented to deprive a suspect or defendant of his freedom until the outcome of the trial. The purpose of this measure is to prevent evidence from being obscured or the suspect from escaping.
The arrest warrant is issued by the criminal judge or court of peace. When making a decision, there must be a suspicion of the suspect or defendant escaping or a suspicion of tampering with evidence. The existence of one of these two reasons is sufficient.
Reasons for arrest are:
Suspicion of escape: Situations such as the possibility of the suspect or the defendant escaping abroad, not having a fixed residence or job, and changing their identity to avoid being caught, create suspicion of escape.
Suspicion of tampering with evidence: The possibility of the suspect or the accused to attempt to destroy evidence, influence witnesses or replace evidence with false evidence creates suspicion of tampering with evidence.
Right to object to arrest: The arrested person can object to the arrest decision within 7 days. The objection is made in writing to the criminal judge of peace or court that issued the arrest decision. In the objection petition, it must be explained why the arrest decision is unlawful.
Examination of the objection to arrest: After examining the petition of objection, the criminal judge or court of peace decides whether to revoke or continue the arrest decision. In order for the arrest warrant to be lifted, the reasons for the arrest must be eliminated.
People who can object to arrest:
arrested person
Lawyer of the arrested person
Legal representative of the arrested person (father, mother or guardian)
Documents required to object to arrest:
Petition of objection against the arrest decision
Evidence if any
The petition to object to arrest must include the following:
Identity information of the arrested person
Date and number of the arrest warrant
Reasons for objection against the arrest decision
Evidence regarding the acceptance of the objection
Requests
Objection period to arrest: Objection against the arrest decision must be made within 7 days. This period starts from the notification of the arrest warrant.
Objection to arrest: After reviewing the petition of objection, the criminal judge or court of peace decides whether to revoke or continue the arrest decision. In order for the arrest warrant to be lifted, the reasons for the arrest must be eliminated.
Other information about the arrest:
The arrest warrant can last for a maximum of 4 months.
If the reasons for detention still persist after 4 months, the Public Prosecutor prepares a reasoned opinion regarding the continuation of detention.
After reviewing the opinion of the Public Prosecutor, the criminal judge or court of peace decides on the continuation of detention or the release of the arrested person.
The arrested person may be subject to judicial control during the period of detention.
The condition of judicial control may include obligations such as the arrested person signing up at the police station or courthouse on certain days, being banned from going abroad, or residing in a certain place.