Sample Petition For Objection To Arrest Decision
TO THE CRIMINAL COURT OF PEACE
Arrest Warrant
Objector (Suspect) : ….. ……….
Defence Counsel :
Subject : Presentation of our petition to appeal against the arrest warrant.
Remarks :
Our client …… has been working as a correctional officer within the Ministry of Justice since 2019. …/…/ 2021, an arrest warrant was issued for our client on the charge 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 …/…/2021 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 …/…/2021 issued against our client …. be cancelled on appeal and that our client’s statement be taken. … /…. /2021
Suspect Defence Counsel
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