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Arrest Warrant (CMK article 100): "Catalog Crime" System

8 Nisan 2026 Criminal law 3 dk okuma 52 görüntülenme Son güncelleme: 8 Mayıs 2026

CMK article 100 regulates the issuance of arrest warrants. Arrest is the most severe interference with personal freedom; Therefore, the law stipulates stringent conditions. The "catalog crime" system provides flexibility to the prosecutor's office in certain serious crimes.

Reasons for Arrest (Art.100/2)

  • Strong suspicion of crime:Concrete evidence that the defendant committed the crime.
  • Reasons for arrest:
    • Suspect of escape.
    • Suspicion of destruction, concealment, alteration of evidence
    • Attempt to put pressure on a witness, victim or others

"Catalog Crimes" (art.100/3)

In certain serious crimes, reason for arrest is presumed; The prosecution only needs to prove "strong suspicion of crime". Some of the catalog crimes:

  • Deliberate murder.
  • Sexual assault.
  • Sexual abuse of a child.
  • Plunder (art. 148-149).
  • Drug production/trade (Art.188).
  • Crimes against the security of the state.
  • Crimes against the constitutional order.
  • Anti-terrorism coverage.
  • Organized crimes.

"Strong Suspicion of Crime"

Mere allegation or weak evidence is not enough; Concrete, serious and supporting evidence is sought:

  • Eyewitness statement.
  • Camera recording.
  • Financial record, bank transfer.
  • Communication traffic (with concrete information).
  • Seizure of criminal product.

Detention Periods (CMK art.102 and art.108)

  • Penalty: Maximum 1 year + 6 months extension.
  • Heavy penalty: Maximum 2 years + 3 years extension.
  • Certain serious crimes (terrorism, organized crime): Longer periods.
  • Time control is carried out every 30 days (Art. 108).

Judicial Control Alternative (CMK article 109)

Instead of arrest, lighter measures may be applied:

  • Abroad travel ban.
  • Prohibition to go to a certain place.
  • Signature at the periodic police station.
  • Freedom on bail.
  • Electronic clamp.

Supreme Court and Constitutional Court — Established Approach

The Constitutional Court and the Supreme Court consistently state that even if it is a catalog crime, the arrest must comply with the principle of "proportionality", the concrete reason for the arrest must be justified in the decision, and that making a decision based solely on "the gravity of the crime" is insufficient. There are many examples in the individual application decisions of the Constitutional Court where long detention is considered a violation.

Way to Object to Arrest

  • Objection to the arrest decision within 7 days.
  • Appeal authority: criminal judgeship of peace or high criminal court.
  • New evacuation requests at regular intervals.
  • When the time expires, evacuation is automatic (CMK article 108/4).
  • Individual application to the Constitutional Court after domestic remedies have been exhausted.

Unfair Detention Compensation (CMK article 141)

Defendants who are later determined to have been unfairly detained may file a lawsuit for compensation against the state.

Practical Advice for the Family

  • Contact lawyer immediately upon receiving news of arrest.
  • Inform the prison about the family member's health and medication needs.
  • Have the defense counsel submit the request for a meeting.
  • Do not be late in submitting an objection petition (7 days).
  • Produce concrete new evidence/amendments for release requests.
  • Detention files require monitoring every day. Experienced criminal defense attorney is a must.

    Telif bildirimi This content and all related Q&A texts are protected under Turkish Copyright Law No. 5846. Unauthorized copying, reproduction, publication, adaptation, bulk extraction, or commercial use is prohibited; legal and criminal remedies are reserved in case of infringement.

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