Arrest warrant under the Turkish Criminal Law
Arrest warrants can be issued during an investigation or a prosecution process in Turkey. According to the Turkish Criminal Law, arrest warrants can be demanded by only prosecutors and issued by Sulh Ceza Courts (the Court of the Peace). In other words, Sulh Ceza Courts have the unique authority to issue arrest warrants during the investigation process in Turkey. However, other criminal courts can also issue arrest warrants after a criminal case is opened. Prosecutors can issue orders of detention, however, they do not have the right to issue arrest warrants.
Grounds for Arrest Warrant
The grounds for arrest warrant are stipulated in the article 100 of the Turkish Code of Criminal Procedure. Sulh Ceza Courts can release an arrest warrant:
- If the suspect or the accused had fled or eluded or if there are specific facts that he or she is going to flee.
- If there are specific facts that the suspect or the accused is going to destroy, hide or change the evidence,
- If there are specific facts that the suspect or the accused is going to put unlawful pressure on witnesses or the victims.
- If there are strong suspicion that the crimes listed below in article 100.
An arrest warrant can be granted in case of the commitment of a crime listed in the article 100. In addition, theoretically, it is possible for a judge to issue an arrest warrant if the maximum penalty of a the crime is over 2 years. However, in practice, it can be said that arrest warrants are granted in case of serious crimes such as murder, rape, aggravated robbery, aggravated assault with deadly weapons, etc. In case of other less serious crimes arrest warrants
An arrested person can be released during the prosecution process or at the end of a criminal case as a part of the final verdict. Therefore, hiring a criminal defense lawyer and working with an experienced defense attorney is the key point of a jail release.