When a relative of yours is arrested, the first question that comes to mind is: is this decision final or can it be changed? The answer is clear —objection to arrest warrant is possible and the law provides a clear path for this. However, this path has its own durations, authorities and formal rules. Missing the deadline or submitting the petition to the wrong authority may result in a legitimate objection remaining unexamined.
In this article we explain step by step the process of appealing the arrest warrant: who can appeal, when the period starts, where to submit the petition, which authority will review it and what options remain if the appeal is rejected.
What is an objection to an arrest decision?
Detention is the deprivation of liberty of a person while the trial is ongoing. It is not a punishment; It is a protection measure. Its purpose is to prevent escape, obscuring evidence or putting pressure on the witness. This is precisely why the legislature has provided a quick review method against this decision – since it was implemented when no one had been found guilty yet.
Objection is the re-evaluation of the decision by an authority different from and superior to the judge who made the arrest decision. The authority reviewing the objection reads the file from the beginning, checks whether the conditions for the arrest actually exist, and may revoke the decision, turn it into judicial control, or reject the objection.
Who can object?
The right to object does not belong only to the arrested person. The following people can object:
- Suspect or accused: The person for whom an arrest warrant has been issued.
- Defense attorney (lawyer): In practice, most of the objections are made by the lawyer.
- Legal representative and spouse: The spouse or legal representative of the arrested person may object without the need to seek his/her consent separately.
- Public prosecutor: The prosecutor may also object in favor of the suspect.
This broad authority is intentional: the arrested person may have difficulty preparing a petition because he is in prison. The law allows relatives outside to take action.
How long is the objection period?
Duration,two weeks from the day the decision was learned. This period is regulated in Article 268 of the Criminal Procedure Code No. 5271.
There is a common mistake here: the duration of the decision given the decision of the person concerned, not the date
It starts processing from date learned. These two dates are the same for the suspect who was present at the interrogation and learned the decision face to face. However, for decisions made in absentia, the learning date may be postponed to a later day.
Another important point: you do not have to wait two weeks to appeal in case of detention. On the contrary, the sooner an objection is made, the better — because every day means deprivation of freedom.
Where to submit an objection petition?
This is the confusing part, so let’s be clear: the petition,not to the authority that will examine the objection, but to the authority that made the decision. is given.
In other words, if the criminal judgeship of peace arrests you, you submit the petition of objection to that criminal judgeship of peace. The judge who makes the decision first reviews his own decision. If he finds the objection justified, he corrects his decision himself — in this case, the file will not go to the higher authority and the release will be faster. If it does not find it appropriate, it sends the file to the competent authority to examine the objection within three days at most.
There is another way other than filing a petition: making a verbal statement to the court clerk and having it recorded in the minutes. The judge approves the statement and signature recorded in the minutes. For a prisoner, this is a practical option.
Which authority examines the objection?
The competent authority varies depending on who made the arrest decision. The rule regarding arrest and judicial control decisions is as follows:
- Objection of the criminal judgeship of peace to the arrest decision is located in the jurisdiction judge of the criminal court of first instance examines.
- If the affairs of the criminal judge of peace are handled by the criminal judge of first instance, the authority to review the objection
It belongs to to the president of the high criminal court. - Judge of the criminal court of first instance his objection to the decisions he made, within the jurisdiction high criminal court examines.
- High criminal court objection to decisions, if there is more than one office in that place, the office following it by number; If there is only one chamber, the nearest high criminal court will examine it.
The logic of this structure is this: it was not deemed sufficient for the judge who made the decision to review his own decision, and a different judge was asked to look at it with fresh eyes.
Within what time does the authority decide?
The law requires the authority examining the objection to make its decision without delay. In practice, objections to detention are usually concluded within a few days. As a rule, the authority examines the file; It is not mandatory to hold a hearing.
What should be written in the objection petition?
The power of the objection comes from the concreteness of its legal justification. Saying “my client is innocent” is a weak objection on its own — because the issue of guilt belongs to the merits of the trial, and arrest is a precautionary measure. An effective objection there are no conditions for the measure shows:
- No strong suspicion of crime: Show concretely that the evidence in the file is not enough to create strong suspicion.
- No escape suspicion: Concrete facts such as fixed residence, regular employment, family ties, compliance with all previous invitations.
- No possibility of tampering with evidence: If evidence has been collected and witnesses have been heard, this justification has been eliminated.
- Moderation: Argue that a milder measure such as judicial control is sufficient to achieve the goal.
- Personal situation: Serious illness, advanced age, pregnancy, dependents.
It is very valuable to add concrete documents to the petition: residence certificate, workplace letter, medical report, student certificate. Presenting documented facts instead of abstract claims directly affects the authority’s decision.
What happens if the objection is rejected?
Rejection of the objection is not the end of the road. You have the following opportunities:
Evacuation request. Release may be requested again at any stage of the investigation and prosecution. This is a separate route from appeal and there is no limit on numbers. When a new development comes into the file – witnesses are heard, expert reports arrive – it makes sense to renew the request.
Automatic reviews. The continuation of detention is reviewed ex officio by the judge at regular intervals, even if you do not request it. It is possible for an evacuation decision to be made in every investigation.
Changing conditions. The passage of time is an argument on its own. The justification for suppressing evidence, which is valid at the beginning of the investigation, loses its validity after the evidence is collected.
Compensation if detention is unjustified
If the person is later acquitted or it is decided that there is no need to prosecute him, he can request compensation from the state for the time he was detained. This right is regulated in Article 141 of the Code of Criminal Procedure and covers both material and moral damage.
The Supreme Court’s jurisprudence in this field has shaped in detail how compensation will be calculated. The 12th Criminal Chamber of the Supreme Court of Appeals, in a file with more than one arrest period, determined that financial compensation
It ruled that separately for each arrest period should be calculated and legal interest should be charged on non-pecuniary damages starting from the date of arrest. In other words, periods cannot be combined and evaluated as a single item.
There is a similar protection in terms of judicial control measures: compensation may also be available if measures such as signature obligations prove unfair.
Common mistakes
- Submitting the petition to the wrong authority. The objection is given to the authority that made the decision; A petition sent directly to the higher authority wastes time.
- Just plead innocence. The main issue in the objection is the conditions of the measure, not guilt.
- Undocumented claim. It is not enough to say “I have no doubt of escape”; It must be supported by residence and employment documents.
- Waiting for the time. Two weeks is the upper limit; There is no use waiting.
- Being content with one objection. Even if it is rejected, the way to request evacuation is open.
Frequently Asked Questions
How many days does it take to object to an arrest decision?
Two weeks from the day the decision is learned. But waiting is unnecessary; The objection must be made as soon as possible.
Where can the petition of objection to the arrest decision be submitted?
Not to the authority that will review the objection,decision maker is given to the authority. If that authority finds the objection appropriate, it corrects its decision; If it does not see it, it sends it to the competent authority within three days at most.
Who looks at the arrest decision of the criminal judgeship of peace?
Examines the judge of the criminal court of first instance in whose jurisdiction he is located. If criminal matters of peace are handled by the criminal judge of first instance, the authority passes to the president of the high criminal court.
How long does it take for the objection result to become known?
The law provides for a decision to be made without delay; In practice, results are usually achieved within a few days. As a rule, the review is done through the file.
If the objection is rejected, can it be applied again?
The same decision cannot be appealed a second time; However, the evacuation request can be renewed at any stage and there is no limit on the number. The most effective way is to renew the request when new developments enter the file.
Can I object on behalf of my detained relative?
The spouse and the legal representative may object without the need to seek the consent of the arrested person separately. For other relatives, it is necessary to act through a lawyer.
How much compensation is received for wrongful arrest?
The period of detention is calculated based on the person’s income and loss; Material and moral damage are evaluated separately. If there is more than one arrest period, each period is calculated separately.
Disclaimer: This article has been prepared to provide general information about Turkish law and does not constitute legal advice. Objection to the arrest decision is a technical process that varies depending on the concrete circumstances of the file and is subject to a time limit. Be sure to consult a lawyer for your particular situation.
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