KÜHEYLAN HUKUK
Arrest, Detention and Rights of the Caught Person: Objection Ways and Periods. Arrest, Detention Periods, Rights and Compensation within the Scope of Articles 90-95 and Article 141 of the Code of Criminal Procedure. This guide has been updated as of 2026, based on the Code of Criminal Procedure, the Regulation on Apprehension, Detention and Taking Statements and the jurisprudence of the Supreme Court of Appeals.
Capture is the first stage in which a person's freedom is temporarily restricted and can be carried out by anyone in cases of flagrante delicto, or by law enforcement under the conditions specified in the law. The arrested person must be informed of his rights immediately. The period of detention cannot exceed twenty-four hours from the moment of arrest, excluding the mandatory maximum period of twelve hours required for transfer to the nearest judge or court; In crimes committed collectively, the prosecutor may extend this period by three days, not to exceed one day at a time, and the detention increases to a maximum of four days. An appeal may be made to the criminal judgeship of peace against the prosecutor's office order regarding detention and extension of the period; The judge examines the documents and makes a decision within twenty-four hours. Unlawful arrest and detention allows for compensation to be requested from the state in accordance with Article 141 of the Code of Criminal Procedure.
1. Why are the first hours decisive?
In criminal investigations, the moment that determines the direction of the case is often not the courtroom, but the hours when a person's freedom is restricted for the first time. The statements taken during these hours, the searches made, the minutes kept, and the rights that become questionable whether they were reminded or not, are reflected in the entire trial.
In practice, it is often confused that arrest and detention are two different processes, when the deadlines start to run and which authority can be appealed against these processes. The guide covers the legal nature of arrest, who has the authority to arrest, detention periods, the rights of the captured person, ways to appeal and the consequences of unlawful arrest.
Capture is the de facto and temporary seizure of a person suspected of a crime, without a judge's decision. It is designed as a protection measure and its purpose is to prevent the person from escaping and to ensure that investigation procedures are carried out.
Detention is the stage that follows capture. After the person is actually captured, he is kept in custody for a certain period of time upon the decision of the public prosecutor, and the procedures are expected to be completed. The practical consequence of this distinction is that the period of detention is calculated from the moment the person is actually arrested, not from the prosecutor's decision.
Catch Law enforcement or anyone in flagrante delicto instant transaction Actual seizure of a person
Custody public prosecutor 24 hours as a rule, 4 days at most in mass crimes Completion of investigation procedures
Don't bring it by force Judge, court or prosecutor Until the end of the transaction Taking the statement of the person who does not comply with the call
Arrest judge or court Maximum periods stipulated by law Preventing the danger of escape and obfuscation of evidence
3. Who Has the Authority to Arrest?
The first paragraph of Article 90 of the Code of Criminal Procedure grants everyone the power to arrest if certain conditions are met. For this, the person must be encountered while committing the crime, or there must be a possibility of escape while being watched for an act in flagrante delicto, or his identity cannot be determined immediately. This authority is temporary and limited; The captured person must be handed over to law enforcement immediately.
As a rule, a complaint is required for crimes whose investigation and prosecution depend on a complaint. However, in cases of red-handed crime committed against children or those who are incapable of managing themselves due to physical or mental illness, disability or weakness, arrest is not subject to a complaint.
Law enforcement officers may use their authority to arrest in cases that require the issuance of an arrest warrant or arrest warrant and where delaying is harmful, if there is no opportunity to immediately apply to the public prosecutor or superiors. Following the arrest, the situation is reported to the public prosecutor without delay and action is taken in accordance with the prosecutor's order.
An arrest warrant may be issued by the criminal judgeship of peace, upon the request of the public prosecutor, for a suspect who does not appear upon call or cannot be summoned during the investigation phase. Public prosecutors and law enforcement officers may also directly issue an arrest warrant for a suspect or defendant who escapes from a law enforcement officer while being caught, or a detainee who escapes from a detention center. During the prosecution phase, an arrest warrant for the fugitive defendant is issued by the judge or the court ex officio or upon the request of the prosecutor.
If the purpose for which the arrest warrant was issued has been eliminated, its return is requested immediately by the authority that issued the order. In practice, failure to remove executed or obsolete arrest records from the system may lead to people being caught unexpectedly years later, so this issue should be followed separately.
Capture is not an unlimited power. Regulations and legal provisions stipulate clear prohibitions for certain persons and certain forms of practice.
Children who were under the age of twelve at the time of the crime and deaf and mute people who were under the age of fifteen cannot be arrested for the crime.
Constitutional guarantees are reserved for persons with legislative immunity.
Wearing handcuffs is an exceptional measure; It is limited to situations where there is a danger of escape, attack or harm to oneself or others.
The identity, health condition and injuries, if any, of the captured person should be recorded in the report; A medical check must be carried out when entering and exiting the custody room.
The use of force during capture may be applied to the extent necessary and to the minimum extent necessary to break the resistance.
The public prosecutor makes the decision to detain. In order for the decision to be considered lawful, two conditions must be present: detention must be mandatory for the investigation and there must be concrete evidence showing the suspicion that the person has committed a crime. If these conditions do not exist, the path the prosecutor's office should follow is to call the person to testify with an invitation.
Mandatory travel time to be sent to the nearest judge or court to the place of arrest Maximum 12 hours (this period is not included in 24 hours)
Extending the period of detention in mass crimes By written order of the public prosecutor, for not exceeding 1 day at a time
The law requires immediate notification of the rights granted to the arrested person. As a rule, notification is made in writing, or verbally if this is not immediately possible. Not being reminded of your rights directly affects the legality of subsequent transactions.
Learning the reason for the arrest and the charge: It should be explained to the person on what suspicion of crime and for what reason he was caught.
Right to remain silent: The suspect has the right not to make a statement about the alleged crime. Silence cannot be considered as evidence against you.
Benefiting from the assistance of a lawyer: The person can choose a lawyer; If he is not in a position to choose, a lawyer is appointed by the bar association. This assurance is absolute in cases where the statement cannot be taken without the presence of the defense attorney. Requesting that relatives be notified: The arrest and detention situation is notified to a relative determined by the person without delay. If the captured person is a foreigner, his situation is reported to the consulate of the state of which he is a citizen, unless he objects in writing.
Health check: It is mandatory to have a medical examination and a report to be prepared upon entering and exiting the detention facility.
Translator assistance: An interpreter is provided to the person who does not know Turkish or has a hearing or speech impairment.
Right to object: An appeal may be made to the criminal judgeship of peace against decisions to detain and extend the period.
Right to compensation: Compensation may be requested from the state due to unlawful arrest and detention.
The statement given at the law enforcement stage turns into a text that is constantly referenced in the later stages of the file. Subsequent statements do not easily negate the impact of the initial statement. For this reason, not giving a statement without consulting with the defense attorney, reading the minutes carefully before signing, and annotating the parts that do not reflect the truth are the most basic steps of the defense.
An appeal may be made to the criminal judgeship of peace against the written order of the public prosecutor regarding the detention and extension of the detention period. The purpose of the application is to ensure the immediate release of the person.
The application authority is kept broad. The arrested person himself, his lawyer or legal representative, his spouse, or first or second degree blood relatives can apply. This regulation provides the opportunity for direct application to the relatives of the detained person, taking into account the fact that the person in custody may actually have difficulty in applying.
The criminal judge of peace examines the documents and concludes the application immediately, at the latest before twenty-four hours have passed. At the end of the review, one of two decisions is made: if detention or extension is deemed appropriate, the application is rejected; If he is not seen on the spot, it is decided that the captured person is immediately present at the Public Prosecutor's Office together with the investigation documents.
What Should Be Included in an Effective Objection Petition?
The date and time of the arrest must be clearly indicated as the beginning of the detention period.
Evaluation that the concrete evidence condition is not met; Demonstrating that the suspicion is based on abstract notice or assumption.
Stating that detention is not mandatory for the investigation and that the person can be summoned by invitation.
If there is an extension decision, discussing whether the reason is not concrete.
Demonstration of procedural deficiencies one by one, such as not reminding of rights, not being checked by a doctor, or not notifying relatives.
Illegalities in arrest and detention procedures can lead to three different consequences.
In terms of evidence: Evidence obtained illegally cannot be used as a basis for judgment. The items seized during an improper search or the statement taken without being reminded of one's rights are discussed in this context.
For officers: Restricting a person's freedom without any legal basis may constitute the crime of depriving the person of his or her freedom. The Supreme Court has made decisions in this direction regarding law enforcement officers who detain a person for hours without a detention order. In terms of compensation: Article 141 of the Code of Criminal Procedure grants the right to demand material and moral compensation from the state to those who were caught outside the conditions specified in the law, who were not brought before a judge within the legal detention period, who were not informed of the reasons for the arrest and the accusations, whose relatives were not informed of their arrest, or who were determined not to be prosecuted or acquitted after being caught in accordance with the law.
The compensation lawsuit must be filed within three months following the notification to the relevant party that the judgment or decision has become final, and in any case within one year following the finalization date. The case is heard in the high criminal court of the place where the injured party resides. Missing the deadlines will result in rejection without considering the merits.
A person was taken from his home in the morning, taken to the police station and detained following an anonymous report about him. The time was not recorded in the arrest report, the person was not even reminded of his rights verbally, and his relatives were not notified. Although the person requested a lawyer, he was directed to testify before the lawyer arrived, was referred to the prosecutor's office thirty hours later, and was released. At the end of the investigation, it was decided that there was no need for prosecution.
Since the detention period starts from the moment of arrest, the absence of a time in the report is a serious deficiency that prevents the period from being audited. Exceeding the twenty-four hour limit, excluding travel time, in an individual crime directly supports the claim that detention exceeds the legal period. Failure to remind oneself of one's rights, failure to notify the relative, and failure to meet the request of counsel may result in the conclusion that the statement was taken unlawfully. It was possible to apply to the criminal judgeship of peace while the detention continued; After the process is completed and the decision stating that there is no need for prosecution becomes final, a lawsuit for compensation can be filed within the scope of Article 141 of the Code of Criminal Procedure. Since the duration of the case depends on the finalization of the decision, the finalization date must be followed.
When does the detention period start? It starts not from the prosecutor's decision, but from the moment the person is actually caught. For this reason, the time record in the arrest report is decisive in terms of monitoring the time.
Can a relative object on behalf of the detained person?
Yes. Apart from the arrested person himself, his defense counsel, legal representative, spouse, or first or second degree blood relatives may apply to the criminal judgeship of peace.
How long does it take for the criminal judgeship of peace to finalize the application? The examination is carried out on documents and the application is decided immediately, at the latest within twenty-four hours. If the application is seen on the spot, it is decided to have the person immediately present at the prosecutor's office along with the investigation documents.
Do citizens have the authority to arrest?
In case of red-handed crime, anyone can make an arrest, provided that the person has a possibility of escaping or cannot be identified immediately. This authority is temporary; The captured person must be handed over to law enforcement immediately. Exceeding the limit may constitute a crime for the person who catches it.
What happens if the detention period is exceeded?
A person who is not brought before a judge within the legal period may request compensation from the state in accordance with Article 141 of the Code of Criminal Procedure. Additionally, criminal liability may arise for officers who exceed the deadline.
Do I have to testify before the defense counsel arrives? No. The right to benefit from the assistance of a defense attorney is one of the basic guarantees granted to the arrested person. The right to remain silent can also be exercised at any stage and silence is not considered as adverse evidence.
Failure to check the time of arrest: Since the detention period starts from the moment of arrest, missing or incorrect time record in the report makes it impossible to control the time.
Signing the minutes without reading them: Minutes signed without checking the content create a basis that is difficult to prove otherwise in the later stages.
Giving a statement without waiting for a lawyer: The first statement at the law enforcement stage is reflected in the entire file; Corrections made later often do not have the same effect.
Not using the option of objection during detention: Applying to the criminal judgeship of peace is a method that yields results while detention continues. After the process is completed, the application has no function in terms of release.
Missing the compensation period: Expiration of three months from the notification of the finalization and one year following the finalization will result in the rejection of the request without considering the merits.
Capture and detention are the shortest but most decisive stages of the criminal procedure in terms of their results. Accurate determination of the time of arrest, checking the condition of concrete evidence, examining through the minutes whether the rights were duly reminded, preparing the application to the criminal judgeship of peace in a timely and justified manner while the detention continues, and tracking the compensation periods in case of unlawfulness are the topics that require technical knowledge. Küheylan Law Firm offers advocacy services starting from the detention stage; It provides legal support in cases of objection to arrest and detention procedures, management of statement processes and compensation cases due to protection measures.
Important Legal Notice: The legal explanations and sample scenarios in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each file may change the outcome, it is recommended to seek legal support from a lawyer from the first stage of the process. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK