WHAT IS ARREST?
Arrest is a protection measure regulated as restricting the freedom of persons without a judge’s decision in the presence of the conditions listed in the Criminal Procedure Law. As a rule, it is carried out by law enforcement officers, but it is also stipulated that anyone can be arrested in the presence of certain conditions.
Although arrest is essentially a measure that restricts the freedom of the person, a judge’s decision is not required for the arrest of the suspect or the accused. As a matter of fact, waiting for a judge’s decision for the arrest of a person may lead to undesirable consequences such as the disappearance of the person. For this reason, it is regulated that arrest can be made by law enforcement officers or anyone under certain conditions without a warrant.
WHAT ARE THE CIRCUMSTANCES IN WHICH ARREST CAN BE MADE BY ANYONE?
Arrest by anyone is possible in the presence of certain conditions. These conditions are listed in Article 90/1 of the Code of Criminal Procedure. These are
The person is encountered while committing the offence,
The possibility of escape of a person who is being pursued for an offence or the lack of the possibility to identify the person immediately.
In the presence of these two situations, which can be apprehended by anyone, a reasonable amount of force may be used to prevent the person from escaping in order to apprehend the person. However, here, force may only be used to prevent the person from escaping, and force that exceeds its purpose, such as weapons, may not be used. In the event that a person is apprehended by a citizen, the police must be notified immediately and the person must be delivered to the police station. When the arrest is made by the citizen and reported to the police, the public prosecutor must be immediately informed about the incident and action must be taken in accordance with his order.
WHAT ARE THE CASES WHERE LAW ENFORCEMENT OFFICERS CAN MAKE A DIRECT ARREST?
The situations in which law enforcement officers can make a direct arrest without a warrant are listed in Article 90/2 of the Code of Criminal Procedure and Article 5 of the Regulation on Arrest, Detention and Statement Taking. Accordingly, law enforcement officers
In cases requiring the issuance of an arrest warrant or a warrant of arrest and in cases where there is an inconvenience in delay, they are authorised to arrest if it is not possible to immediately apply to the public prosecutor or his/her superiors (Article 90/2 of the Code of Criminal Procedure).
In order for the law enforcement officers to make an arrest without a warrant, the two conditions listed must be present together. In other words, in cases that require an arrest warrant to be issued or an arrest warrant to be issued, if there is a situation that is inconvenient to delay, law enforcement officers will be able to arrest without a warrant. Apart from this, the situations listed in the regulation are as follows;
Those who disobey the order of the police and those who do not comply with the measures taken,
Persons who forcibly resist law enforcement officers while performing their duties or with the aim of preventing them from performing their duties and who are likely to continue their behaviour if they are not apprehended,
Those who buy, sell, possess or use drugs and stimulants,
Those who are intoxicated to the extent of disturbing the public peace or causing a scene, or those who attack others in a state of intoxication,
Those who disturb the peace and tranquillity of the people, those who continue their behaviour despite warnings, those who attempt to attack others and those who fight,
Persons who are mentally ill, addicted to drugs and stimulants or alcohol, vagrants or persons who may transmit diseases, who pose a danger to society in order to fulfil the measures taken in accordance with the principles specified by law for their treatment, education and rehabilitation in an institution,
Children who are ordered by the court to be placed in child care and orphanages or similar public or private institutions or to be brought before the competent authority,
They may apprehend persons who seek to enter or have entered the country unlawfully or against whom a deportation or extradition order has been issued.
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