It is very normal to be scared when you or your loved one has a warrant for arrest, especially when you are in Turkey and you are a foreigner. It is a scary thing wherever you are but is extra hard when you are in a foreign country you do not know the language and the law of. That is why you might need help from an English-speaking criminal defense lawyer in Istanbul. So that they can guide and help you through this process.  


What is an arrest?


Arrest (tutuklama), is a protection measure that is temporarily applied for reasons such as the preservation of evidence, preventing the suspect or defendant from escaping, etc. A warrant for arrest must be issued by a judge, whether at the investigation or prosecution stage. During the investigation phase, the arrest warrant is issued by the Criminal Judgeship of Peace (Sulh Ceza Hakimliği) and during the prosecution phase it is issued by the court where the criminal case is filed.

Even if there are reasons for arrest in a case, if it is possible to conduct the trial by taking a judicial control decision instead of issuing an arrest warrant for the suspect or defendant, the arrest measure cannot be applied.


What is the purpose of a warrant for arrest?


An arrest warrant is issued for a suspect or an accused person. Suspect refers to the person who is under suspicion of a crime during the investigation phase, and accused refers to the person who is under suspicion of a crime during the period from the commencement of the criminal case and the prosecution phase until the finalization of the verdict.


An arrest warrant has two main purposes:


To ensure the preservation of evidence: If the behavior of the suspect or defendant creates a strong suspicion of attempting to exert pressure on witnesses, victims or others, an arrest warrant may be issued to preserve evidence. In criminal procedure, there are three types of evidence: documents, statements and indications. It is possible to issue an arrest warrant if it is understood from the behavior of the suspect or defendant that they may attempt to obscure, destroy, change the nature of any evidence, etc.


Preventing the suspect or accused from escaping: If there is a strong suspicion of fleeing based on facts in the behavior of the suspect or defendant, an arrest warrant may be issued for them. It should be emphasized that the suspicion of fleeing must be based on concrete facts. Subjective assessments that the person will flee without facts cannot be accepted as a reason for arrest.


Who Can Appeal an Arrest Warrant?


The right to object to arrest mainly belongs to the arrested person, the suspect or the accused. Apart from the suspect or defendant, the following persons also have the right to object to arrest:


The application for objection to arrest can also be filed by the lawyer of the arrested suspect or defendant.


The legal representative of the arrested person (father, mother or other legal representative, if any) may also object to the arrest warrant.


The spouse of the arrested person may also object to the arrest warrant.


There are also timelines you need to keep up with and certain authorities you need to appeal, and all of these can get tricky without professional help. That is why it is the best seeking help from a criminal defense attorney.


This is intended for general informational purposes only and not intended as a substitute for the advice and counsel of a criminal defense attorney.  If you want to contact an English-speaking lawyer in Istanbul for more information you can click here.