HOW TO OBJECT TO THE ARREST?
Arrest is a precaution and can be applied by the court during the investigation and prosecution phase of the suspect. However, in order for the court to decide on the arrest of the suspect, the conditions numbered in the Criminal Procedure Code must be met.
These conditions, the existence of concrete facts that raise the suspicion of the suspect or the accused to flee or hide, are the actions of the suspect to obfuscate the evidence or to put pressure on the victim. However, in order for an arrest warrant to be issued, there must be formal conditions as well as material conditions. These conditions are the absence of a ban on detention, the absence of an obstacle to detention, the absence of an assurance document, the proportionality of the arrest with the crime charged on the accused, the decision of a judge or court. If the request for detention, which is left to the discretion of the judge or the court upon the request of the prosecutor’s office, is found appropriate and approved by the judge or the court, there is a way to appeal against this decision. The suspect may object to this decision within 7 days following the day of the arrest decision. The decision to arrest the suspect is made to the court that made this decision.
In a situation where the detained suspect objects to the detention and demands to be released, the most important thing is to avoid filing an objection petition to the pre-trial detention, which is prepared without legal technique and obtained from the internet. The petitions on the Internet or the petitions prepared by the petitioners are fixed and are insufficient to achieve the desired result. Having a good understanding of the nature, qualification and evidence situation of the crime charged to the detainee, making a situation assessment with technical legal knowledge, preparing an effective petition to appeal against detention and achieving the desired result undoubtedly requires the support of a good criminal lawyer.
