Petition For Appeal Against Arrest Warrant
…………………….. CRIMINAL COURT
Arrest Warrant
Objector (Suspect) : ….. ……….
Defence Counsel : Att. ……………..
Subject : This is the presentation of our petition of objection to the arrest warrant.
Explanations :
Our client …… has been working as an execution protection officer within the Ministry of Justice since 2019. …/…/ 2022, an arrest warrant was issued against our client for the crime of being a member of an armed terrorist organisation. Although an arrest warrant has been issued for our client, this decision is contrary to the Code of Criminal Procedure and must be lifted immediately.
Article 98 of the Code of Criminal Procedure states that “A warrant of arrest may be issued by the criminal judge of peace upon the request of the public prosecutor for a suspect who fails to appear or cannot be summoned at the investigation phase. In addition, in case of objection to the decision to reject the request for arrest, an arrest warrant may also be issued by the objection authority.”
Considering the aforementioned article of the law, before the Public Prosecutor issues an arrest warrant, the suspect must be invited to testify with a proper summons. If the suspect does not apply to the judicial authorities despite the duly made call, only then an arrest warrant can be issued. For this reason, the arrest warrant dated …/…/2022 issued against our client is contrary to the law and procedure, and it has become necessary to request that it be issued urgently by your honourable judgeship.
Conclusion and Request :
As explained in detail above, we respectfully request and demand that the arrest warrant dated …/…/2022 issued against our client …. be cancelled upon objection and that our client’s statement be taken. … /…. /2022
Suspect Defence Counsel
Atty…………………
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