WHAT IS THE CAPTURE? (CMK M. 90)
Arrest is a protection measure organized in the form of restriction of the freedom of persons without a judge’s decision in the presence of the conditions specified in the CMK. As a rule, it is carried out by law enforcement agencies and it is stipulated that if there are certain conditions, anyone can also be caught.
Although the arrest is essentially a measure restricting the freedom of the person, a judge’s decision is not required for the arrest of the suspect or accused. As a matter of fact, waiting for the judge’s decision to catch a person can have undesirable consequences, such as a person going missing. For this reason, it has been arranged that anyone can be captured by law enforcement or under certain conditions without a decision to capture.
CAN THE CAPTURE BE CHALLENGED? WHO HAS THE RIGHT TO APPEAL?
It is possible that the capture may be challenged. The Criminal Procedure Code m. according to 91/5, it is regulated that an appeal to the Magistrate may be filed against the written order of the prosecutor’s office regarding the capture. Persons who can appeal against the arrest warrant are also counted in the same article. These people;
- The captured person,
- The Defender,
- Legal representative,
- Wife,
- It is a first- or second-degree blood clot. After the authorized persons object to the arrest, the competent authority, the Magistrate’s
- Office, must conclude the appeal within 24 hours. The appeal is considered by the judge on the basis of the documents. The general rules regarding the way of appeal law apply.
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