How Many Months Does a Detained Trial Last?
The duration of detention is an important issue in criminal proceedings and is regulated meticulously as it restricts a person’s freedom. Within the framework of the limitations set forth in both the Constitution and the Code of Criminal Procedure (CMK), the duration of detention varies depending on many factors. In this article, we will examine the factors that determine the duration of detention and the legal regulations regarding the durations.
1. Legal Basis for Detention
Article 100 of the CMK: Detention requires “the existence of strong suspicion of a crime”. In addition, it is possible for a person to be arrested for reasons such as the suspicion of escape or the possibility of obstruction of evidence. At this point, detention is foreseen as a precaution and does not essentially mean punishing the person.
Example: A person detained on suspicion of murder may be decided to be arrested for reasons such as the nature of the crime or the risk of obstruction of evidence.
2. Limits of the Detention Period
Lower Limit and Upper Limit: The law regulates the duration of detention differently depending on the type and severity of the crime. While the detention period is generally shorter for simple crimes, longer periods are foreseen for serious crimes. a. Crimes Not Within the Scope of the High Criminal Court:
The detention period for such crimes is determined as a maximum of 1 year.
If necessary, this period can be extended for a maximum of 6 months.
b. Crimes Within the Scope of the High Criminal Court:
The detention period for such more serious crimes is regulated as 2 years.
If necessary, it can be extended for another 1 year.
Example: A person arrested for a theft crime can be detained for a maximum of 1 year (an additional 6 months if necessary) because the crime is simple. However, for a person arrested on suspicion of a terrorist crime, this period can be extended for 2 years or for another 1 year if necessary.
3. Extension of Detention and Conditions
When the detention period is over, the person must be released immediately. However, these periods can be extended in some cases:
Insufficiency of Evidence: If sufficient evidence cannot be collected or the case has not yet been concluded, the detention period can be extended.
Example: The court may extend a 2-year detention period for 1 more year because sufficient evidence could not be collected about the leader of an organized crime organization.
4. Exceeding Detention Periods and Violations of Rights
If a decision is not made within a reasonable time during the trial process, the person is considered to have suffered a rights violation. The European Court of Human Rights (ECtHR) constantly examines such violations.
Example: In a drug trafficking case in Turkey, the defendant was detained for more than 3 years and the ECtHR ruled that there was a rights violation. In this case, the defendant was able to request compensation.
5. Probation and Judicial Control
Alternative measures such as judicial control or probation can also be used instead of detention. These options may be preferred, especially in long detention periods, if there is no risk of the person fleeing or if the evidence has not been obscured.
Example: In a fraud case, the suspect was released on judicial control because there was no possibility of obscuring evidence.
6. The Trial Process for Detainees Must Be Fair
The duration of detention may vary depending on the speed of the trial processes and the complexity of the case. However, it is a constitutional obligation that trials be held within reasonable time regardless. Both national and international legislation seek to prevent individuals from being deprived of their liberty for long periods of time.
