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
Detention files require monitoring every day. Experienced criminal defense attorney is a must.