Arrest is the restriction of a person’s freedom by a judge’s decision due to a crime they are alleged to have committed. Arrest, which is an important measure in criminal proceedings, is applied when certain conditions are met. So, when does an arrested person appear before a judge? Here are the details:
How Does the Arrest Process Work?
When a person is detained on suspicion of committing a crime, their statement is first taken by law enforcement officers. They are then questioned by the public prosecutor and a decision is made to release them or refer them to court. If the prosecutor requests the person’s arrest, the suspect is brought before a criminal court of peace. The judge may decide to arrest the suspect or release them on probation.
When Will the Arrested Person’s First Court Date Be?
The date of the hearing when the arrested person will appear before a judge for the first time depends on certain factors:
Investigation Process: After the investigation conducted by the prosecutor’s office is completed, an indictment is prepared and submitted to the court. The court determines the hearing date after accepting the indictment.
Nature of the Crime: The process may be longer in cases to be heard in a high criminal court. Cases filed in the criminal court of first instance for simple crimes can be brought to trial more quickly.
Court Workload: The workload of the courts is also an important factor affecting the trial date.
How Long Does the First Hearing Take After Arrest?
According to the Code of Criminal Procedure (CMK), the arrested person must appear before the judge within a reasonable time. However, a definite period has not been determined. In practice, the first hearing in cases heard in the high criminal court is usually held within 3-6 months, while this period may be shorter in the criminal courts of first instance.
How Long Can the Detention Period Be?
According to the CMK, the detention period is determined as;
A maximum of 2 years for cases heard in the high criminal court (can be extended for another 3 years if necessary),
A maximum of 1 year for cases heard in the criminal court of first instance (can be extended for another 6 months if necessary).
Detention Reviews
The detention status of detained persons is reviewed every 30 days. In addition, the defendant and his/her lawyer can always request release.
The first hearing of an arrested person is determined by the completion of the investigation and the acceptance of the indictment. Although the first hearing usually takes place within a few months, this period may vary depending on the workload of the court and the nature of the crime. If you or a loved one would like to receive information about the arrest process, it is important to consult an expert criminal lawyer.
