Arrest is a protection measure arranged in the form of restricting the freedom of individuals without a judge’s decision in the presence of the conditions listed in the Criminal Procedure Code. As a rule, it is done by law enforcement, and it is stipulated that anyone can be caught in the presence of certain conditions.
Although the arrest is essentially a measure that restricts the freedom of the person, a judge’s decision is not required for the arrest of the suspect or the accused. As a matter of fact, waiting for the judge’s decision for the arrest of the person may lead to undesirable consequences such as the disappearance of the person. For this reason, it is regulated that arrest can be made by law enforcement or anyone under certain conditions without a warrant.
WHAT ARE THE SITUATIONS THAT CAN BE CAPTURED BY EVERYONE?
It is possible to be caught by everyone in the presence of certain conditions. These conditions are listed in article 90/1 of the Criminal Procedure Code. These;
Meeting the person while committing the crime,
It is the possibility that the person being followed because of a red-handed act escapes or there is no opportunity to determine his identity immediately.
In the presence of these two situations where everyone can be caught, a reasonable amount of force can be used to prevent the person from escaping in order to be caught. However, here, force can only be used to prevent the escape of the person, and force beyond its purpose, such as a weapon, cannot be used. If the person is caught by the citizen, the law enforcement should be informed immediately and the person should be handed over to the police station. When the citizen is caught and reported to the law enforcement, the public prosecutor must be informed about the incident immediately and action must be taken in line with his order.
WHAT ARE THE CASES WHERE LAW OFFICERS CAN MAKE DIRECT APPEAL?
The situations in which a direct arrest can be made without an arrest warrant by the law enforcement are listed in article 90/2 of the Code of Criminal Procedure and in article 5 of the Regulation on Arrest, Detention and Statement Taking. Accordingly, law enforcement officers
In cases where an arrest warrant or arrest warrant is issued and delays are harmful, they have the power to arrest if they cannot immediately apply to the Public Prosecutor or their superiors. (CMK art. 90/2)
In order for an arrest to be made without an arrest warrant by the law enforcement, the two conditions listed must be present together. In other words, in cases where an arrest warrant is issued or an arrest warrant is issued, law enforcement officers will be able to make arrests without an arrest warrant, if there is a problem in delay. Apart from this, the situations listed in the regulation are as follows;
Those who disobey the orders of the law enforcement and those who do not comply with the measures taken,
Persons who forcibly oppose the law enforcement authorities while on duty or to deprive them of their duties and are likely to continue their activities if they are not caught,
Those who buy, sell, possess or use drugs and stimulants,
Those who are drunk enough to disturb the public’s comfort or cause a disgrace, or who attack others while intoxicated,
Those who disturb the peace and tranquility of the people, those who continue their actions despite the warnings, those who attempt to attack others and fight,
Persons who are mentally ill, addicted to drugs and stimulants or alcohol, vagrants or who can transmit disease, who pose a danger to the society, in order to fulfill the measures taken in accordance with the principles specified by the laws for treatment, education and rehabilitation in an institution,
Children against whom the court has decided to place them in child care and orphanages or similar official or private institutions, or to be brought before the competent authority,
They can arrest people who want to enter or enter the country illegally, or for whom a deportation or extradition decision has been taken.
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