Arrest Warrant
WHAT IS ARREST (ART. 90 CMK)
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 Code. As a rule, it is carried out by law enforcement officers, but it is 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.
CAN THE ARREST BE OBJECTED? WHO HAS THE RIGHT TO OBJECT?
It is possible to object to an arrest. According to Article 91/5 of the Code of Criminal Procedure, it is regulated that an objection can be made to the Criminal Judge of Peace against the written order of the prosecutor’s office regarding the arrest. The persons who can object against the arrest warrant are also listed in the same article. These persons are
The person apprehended,
Defence Counsellor,
Legal representative,
Spouse,
He/she is a first or second degree blood relative. If authorised persons object to the arrest, the Criminal Judgeship of Peace, which is the competent authority, must finalise the objection within 24 hours. The objection is evaluated by the judge on the documents. The general rules regarding the legal remedy of objection apply.
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