……………………..MAGISTRATES ‘ COURT
The Decision to Capture
Objector (Suspect) : ….. ……….
Defender : Av. ……………..
Topic : The appeal against the arrest decision is the presentation of our petition.
Instructions :
Our client……. has been working as an execution protection officer within the Ministry of Justice since 2019. …/…/ in 2022, a decision was made to arrest our client for membership in an armed terrorist organization. Although an arrest warrant has been issued against the client, this decision constitutes a violation of the Criminal Procedure Code and must be removed as a matter of urgency.
Article 98 of the Code of Criminal Procedure “An arrest warrant may be issued by a magistrate at the request of the public prosecutor about a suspect who does not come on call or cannot be called during the investigation phase. In addition, in case of an appeal against the decision to refuse the request for arrest, an arrest warrant may also be issued by the appeal authority. it has the form “. Considering the article of the law in question, the suspect should be duly invited to testify with a call sheet before the arrest decision is made by the public prosecutor. If the suspect does not apply to the judicial authorities despite the duly made call, only then the arrest warrant can be issued. Therefore, the arrest decision of 2022 /…/ issued against our client is contrary to the law and procedure, and we have had the need to request that he be removed as soon as possible by your honor.
Conclusion and Claim: As explained in detail above, the client …. we respectfully request and request that the arrest decision of 2022 against you be removed from your appeal and that the decision to take our client’s statement be taken by proxy. … /…. /2022
Suspect Defense
Lawyer
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