Appealing an Arrest Warrant – Defend Your Rights Step by Step

Appealing an Arrest Warrant – Defend Your Rights Step by Step. The giving of a detention order about a person is being accepted as one of the most severe protective measures in our legal system that is restricting freedom, which is being applied to ensure the correct progression of the trial and to secure the protection of evidence. When a detention order is being given about a person, this situation can cause a great devastation for both themselves and their relatives. However, a detention order is not a definite end. In our legal system, the right to object to this decision is being found and this right is a fundamental reflection of the principle of a fair trial. In this article, which legal ways can be followed against a detention order, what an objection is, how an objection will be made, which legal ways must be followed, and the things that must be paid attention to in this process will be addressed in detail.

1. What is Detention and What is Its Legal Basis?

Detention is the temporary restriction of the freedom of a suspect or an accused person whose trial is still continuing. This protective measure is being regulated in the Turkish Code of Criminal Procedure’s (CMK) Article 100. A detention order can only be given in the case of the existence of the following conditions:

• The Existence of a Strong Suspicion of a Crime: A strong suspicion that the person has committed the crime must be found.
• The Existence of Reasons for Detention: The possibility of the suspect escaping, tampering with evidence, or pressuring witnesses must be found.

2. The Scope and Legal Basis of an Objection to a Detention Order

Appealing an Arrest Warrant – Defend Your Rights Step by Step. The right to object to a detention order is being regulated in the CMK’s articles 267 and 101/4. This is the right to apply for a legal remedy against a decision. The objection is covering not only the procedural aspect but also the re-examination of the substance of the decision.

• Who Can Object? Against a detention order, the suspect or the accused can object themselves, as well as their defense counsel (lawyer) and legal representative can use the right to object.
• The Reasons for the Objection: The objection petition must be based on a concrete reason. Generally, issues such as the conditions for detention (the suspicion of escape, tampering with evidence) not having been present at the time the detention order was given or a lighter measure such as judicial control being sufficient are being put forward. In addition, it can also be alleged that the detention order is devoid of legal elements or that the evidence has been evaluated incorrectly.

3. The Process of Making an Objection: Step by Step Legal Procedure

The process of an objection against a detention order is a procedure that has certain steps and time constraints.

• The Period: The objection must be made within seven days from the pronouncement (the verbal explanation) or the notification of the detention order to the relevant person. This period is a forfeiture period, and in the case of it being missed, the right to object is being lost.
• Place of Application: The objection petition is being written to the criminal judgeship of the peace or the court that has given the detention order. The petition must be submitted to the clerk’s office of the relevant court or the duty criminal judgeship of the peace.
• The Review Authority: The authority to review the objection belongs to the judgeship or court that is following the judgeship or court that has given the decision in number. For example, an objection to the decision of the 1st Criminal Judgeship of the Peace is being examined by the 2nd Criminal Judgeship of the Peace.
• The Outcome: Upon the objection, a decision on the objection being accepted and a release decision being given or a decision on the rejection of the objection is being given by the review authority.

4. The Rejection of the Objection and New Legal Ways

The rejection of an objection that has been made is not meaning that the legal struggle has ended. The state of detention is being re-examined at certain intervals as per the law.

• The Making of a New Objection: Against the decision on the rejection of the objection, there is not a way of objection. However, when new and concrete evidence emerges that the conditions that are requiring the continuation of the detention (escape, tampering with evidence) have disappeared, a request for release can be made.
• Periodic Review: In accordance with the CMK’s Article 108, the state of detention is being mandatorily examined ex officio (by itself) every thirty days. At the investigation stage, this review is being made by the judge upon the request of the public prosecutor, and at the prosecution stage, it is being made by the court.

5. The Alternative to Detention: The Judicial Control Measure

In the objection petitions against a detention order, the application of judicial control, which is a lighter protective measure instead of detention, is also often being requested. Judicial control is a measure that is not completely restricting the freedom of the suspect or the accused but is bringing some obligations.

• Its Applications: Within the scope of judicial control, measures such as a travel ban abroad, not going to certain places, and the obligation to give a signature can be applied.
• Its Purpose: Judicial control is aiming to ensure the correct continuation of the legal process and at the same time to prevent the suspect or the accused from entering the prison environment.

6. Maximum Periods in Detention

In the Criminal Procedure Law, maximum periods have been determined to prevent detention from being arbitrary. These periods are being changed according to the type of crime and the jurisdiction of the court.

• Criminal Courts of First Instance: In crimes that are within the jurisdiction of these courts, the detention period is at most one year.
• Heavy Criminal Courts: In crimes that are within the jurisdiction of heavy criminal courts, the detention period is at most two years. If it is deemed necessary, this period can be extended in some situations.

7. The Vital Importance of Lawyer Support

The process of an objection to a detention order is one of the most fundamental areas of the legal profession due to its legal complexity.

• Legal Analysis: The legal basis of the detention order, the evaluation of the evidence, and the strongest arguments for the objection are being analyzed correctly by a lawyer.
• Procedural Follow-up: It is being ensured by a lawyer that the objection petition is being prepared in accordance with the law and that legal periods are not being missed.
• Effective Defense: The effective legal defense against the detention order in front of the judgeship and court is only being possible with the help of an expert lawyer.

An objection to a detention order is a vital legal way that is protecting a person’s right to freedom. However, for this right to be used effectively, the knowing of the details of the objection process, the not missing of legal periods, and legal support being taken from an expert lawyer are of vital importance. It must not be forgotten that a detention order is not the beginning of the end, but only a stage of the legal struggle process, and it can be possible to get out of this process successfully with the right steps.