Police Custody Orders and Review
What is a Detention Order, Who Makes It and How to Object?
One of the important protection measures restricting the freedom of suspects in criminal law processes custody order. Detention, which means temporarily detaining a person from his/her freedom to complete the investigation process, is a process based on legal foundations.
Detention is a temporary protection measure that can be applied for the purpose of carrying out investigation procedures and under the conditions specified in the law.
What is a Detention Order?
It is the deprivation of liberty of a person caught on suspicion of a crime for a certain period of time in order to collect evidence and complete the investigation procedures. Detention is not a more severe measure like arrest; It is a temporary and mandatory procedure.
According to the Code of Criminal Procedure (CMK), the period of detention starts from the moment of arrest. 24 hours cannot pass. However, in case of mass crimes, this period may be limited to not more than one day at a time upon the order of the public prosecutor. Up to 3 days can be extended.
Frequently Asked Questions
1. Who Makes the Detention Decision? Answer: Detention decision The public prosecutor gives it. In order for a person to be detained, a detention decision or instruction issued by the prosecutor's office is required. After law enforcement forces (police, gendarmerie) catch a person, they bring this person before the prosecutor as soon as possible or receive the detention order from the prosecutor.
2. How to Object to the Detention Decision? Answer: The detention decision is an administrative measure and an objection can be filed against it. Objection against detention decision Criminal Court of Peace evaluates. The suspect, his lawyer or his legal representative apply to the Criminal Judgeship of Peace, stating that the decision is against the law.
In the objection petition, concrete reasons are explained why the detention decision is objected to. These reasons may include issues such as the suspect not having any suspicion of escaping, the fact that evidence has been collected, or the nature of the crime not requiring detention.
After detention, legal rights such as learning the accusation, benefiting from the assistance of a defense attorney and informing relatives come to the fore. Duration and objection method are examined according to the concrete transaction.
- Your lawyer will explain your legal rights to you and be present during your deposition.
- Prepares the petition of objection to the detention decision and submits it to the relevant authority.
- Checks whether your detention period complies with the law.
Lawfulness of the detention decision; The basis of the decision is evaluated on the basis of time, transaction minutes and evidence in the file.
