Arrest Warrants and Review
What is an arrest warrant, in what cases is it given and how to object?
What is an arrest warrant? Frequently encountered in criminal law processes arrest warrantis one of the most important protection measures that restrict the freedom of individuals. This decision is made to ensure that a suspect or defendant is brought before judicial authorities. However, an arrest warrant is a process surrounded by legal guarantees and subject to certain conditions.
Capture is a protection measure that can be applied under the conditions specified in the law in order to ensure that the person is brought before the competent authority.
What is an arrest warrant and in what cases is it given?
Arrest warrantis an order given by the public prosecutor or judge to bring the suspect or defendant to court during an investigation or prosecution phase. This decision is usually made in cases where the person cannot be found at his address, there is suspicion of escape, or there is a possibility of obscuring evidence.
According to the Code of Criminal Procedure (CMK), an arrest warrant may be issued in the following cases:
- During the Investigation Phase: The public prosecutor may issue an arrest warrant. This decision is made especially in cases such as the suspect's escape or suspicion of escape, the possibility of hiding evidence or putting pressure on witnesses.
- During the Prosecution Phase: The court may issue an arrest warrant if the defendant does not appear at the hearing or escapes despite an arrest warrant being issued.
Since the arrest warrant interferes with the freedom of the person, it is strictly based on the conditions specified in the law.
How to Object to an Arrest Warrant?
Anything that you think is illegal or unfair to object to the arrest warrant You need to is your legal right. The objection process varies depending on the authority making the decision.
- During the Investigation Phase: If the arrest warrant is issued by the prosecutor's office, the authority responsible for examining the objection to the decision, Criminal Court of Peace. You can request the decision to be revoked or changed by applying to the Criminal Court of Peace through a lawyer.
- During the Prosecution Phase: If the arrest warrant is given by the court, the authority that will review the objection is the court numbered above the court that issued the decision. For example, the decision of the 2nd High Criminal Court is reviewed by the 3rd High Criminal Court.
In your objection petition, you must explain in detail and concrete reasons why the arrest warrant is against the law. These reasons may include issues such as there being no suspicion of escape, your address being fixed, or there being no possibility of tampering with evidence.
What Should You Do After an Arrest Warrant is Issued?
The remedy cannot be determined without examining the basis of the arrest decision, the authority by which the decision was made, and the stage at which the file is located.
- Your Lawyer Makes the Necessary Applications: Your lawyer prepares the petition of objection to the arrest warrant and submits it to the relevant authority.
- Presents Evidence: Your lawyer will submit documents to the court proving that you have no suspicion of absconding or that your address is fixed.
- Manages the Legal Process: Your lawyer defends the legal arguments necessary to revoke the decision and manages the process on your behalf.
After the arrest, legal rights such as learning the charge, benefiting from the assistance of a lawyer and accessing the transaction minutes come to the fore.
