What Are The Circumstances In Which Law Enforcement Officers Can Make A Direct Arrest?
The circumstances in which law enforcement officers may directly 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. İn 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,
Tho.se 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 can 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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