APPLICATION, DETENTION AND EXPRESSION REGULATION
FIRST PART
Purpose, Scope, Basis and Definitions
Aim
Article 1 – The purpose of this Regulation is the capture, detention, custody and expression carried out by the law enforcement during the judicial investigation to be carried out by all judicial law enforcement officers and, when necessary or upon the request of the Public Prosecutor, by other law enforcement officers performing the judicial law enforcement duties in line with the knowledge and orders of the Public Prosecutors. to regulate the procedures and principles to be followed in the execution of procurement procedures.
Scope
Article 2 – This Regulation covers the processes of arrest, detention, custody and statement taking, as well as judicial law enforcement officers and all law enforcement units that perform judicial law enforcement duties when necessary or upon the request of the Public Prosecutor.
Rest
Article 3 – This Regulation, Criminal Procedure Law No. 5271 dated 4/12/2004, Law No. 2253 dated 7/11/1979 on the Establishment, Duties and Trial Procedures of Juvenile Courts, Police Duty and Law No. 2559 dated 4/7/1934 Law of Authority, Law No. 2803 on the Organization, Duties and Powers of the Gendarmerie, dated 10/3/1983, Law on the Coast Guard Command Law No. 2692, dated 9/7/1982, Law on the Organization and Duties of the Undersecretariat of Customs No. 485 dated 2/7/1993 It has been prepared on the basis of the Decree Law.
Definitions
Article 4 – In this Regulation;
Judicial law enforcement: Articles 8, 9, 10 and 12 of the Law No. 3201 on the Security Organization dated 04/06/1937, Article 7 of the Law on Gendarmerie Organization, Duties and Authorities No. 2803, Decree Law No. 485 on the Organization and Duties of the Undersecretariat of Customs Security officers who carry out the investigation process specified in Article 4 of the Law No. 2692 on the Coast Guard Command,
Obtaining information: To detect or clarify a crime, to listen and record the complainant, the injured party and other persons who are not under suspicion of committing a crime,
Taking a statement: The suspect is heard by law enforcement officers or the public prosecutor regarding the crime that is the subject of the investigation,
Case in which delay is objectionable: If the traces, works, signs and evidence of the crime are lost or the suspect escapes or his identity cannot be determined, if immediate action is not taken,
Detention: According to the authority given by the law, temporary restriction and detention of the arrested person’s freedom within the legal period, in a way that does not harm his health, until he is brought before the authorized judge or released, in order to complete the proceedings against him,
Detention unit: Law enforcement units authorized and tasked to keep the arrested person in custody within the legal period until the proceedings against him are completed and he is transferred to the judicial authorities or he is released,
Supervisor of detention and custody: To ensure that the rights of detainees or detainees are read, that records are kept and that they act in accordance with the law.
Personnel assigned by the relevant police station, unit or boat commander, supervisor or office supervisor for the purpose,
Prosecution: The phase starting with the acceptance of the indictment and ending with the finalization of the verdict,
Financially responsible: The person who will be affected by or endure the consequences of the judgment by bearing financial and financial responsibility after the judgment of the subject matter of the judgment and its finalization,
Conservation: In cases authorized by the law, the freedom of the persons who should be brought before the competent authority is restricted and detained in a way that does not harm their health and to the extent necessary, until they are received by the relevant institutions or individuals,
Advocate: The lawyer of the suspect or the accused who makes his defense in the criminal procedure,
Custody: Places where suspects or defendants are kept waiting until the proceedings against them are completed and they are referred to the judicial authorities,
Defendant: The person who is under suspicion of crime from the beginning of the prosecution until the finalization of the verdict,
Interrogation: Hearing of the suspect or the accused by the judge or the court in relation to the crime that is the subject of investigation or prosecution,
Investigation: According to the law, the stage between the learning of the suspicion of crime by the competent authorities and the acceptance of the indictment,
Red-handed: The crime that is being committed, the crime that has just been committed and the crime committed by the law enforcement officers, the crime committed by the person who has been harmed by the crime or the person caught by being followed by others immediately after the crime has been committed, the crime committed by the person caught with the goods or evidence showing that the act has just been committed,
Suspect: The person under suspicion of crime during the investigation phase,
Collective crime: The crime committed by three or more people, even if they do not have the will to participate,
Proxy: The lawyer representing the person who is involved, injured by the crime or who is financially responsible in criminal proceedings,
Arrest: In order to eliminate an existing danger to public safety, public order, or a person’s body or life, it is necessary to take control or commit a crime.
the freedom of the person for whom there are strong traces, artifacts, signs and evidence, before the detention or custody process, is temporarily and effectively restricted, and taken under control,
means.
SECOND PART
Arrest, Detention and Detention
Power of arrest, detention and custody
Article 5 – Law enforcement officers;
a) In cases where delay is inconvenient and it is not possible to apply to the Public Prosecutor or immediate superiors; Persons for whom an arrest warrant or arrest warrant should be issued, or suspects who have strong traces, works, signs and evidence that a crime has been committed or attempted to commit a crime in flagrante delicto or in other situations where delay is objectionable,
b) Those who disobey the order given by the law enforcement in accordance with the law and procedure and those who do not comply with the measures taken,
c) Persons who resist while on duty or who forcefully oppose the law enforcement in order to keep them from their duties and are likely to continue their activities if they are not caught,
d) Those who have an arrest warrant, arrest and detention warrant issued by the competent authorities, or those who need to be caught because they do not fulfill an obligation required by law,
e) Those who buy, sell, possess or use drugs and stimulants,
f) Those who are drunk enough to disturb the public’s comfort or cause a disgrace, or who attack others while intoxicated,
g) 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,
h) Persons who are mentally ill, addicted to drugs and stimulants or alcohol, vagrants or who may 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,
ı) Children who are decided by the court to be placed in child care and orphanages or similar public or private institutions or to be brought before the competent authority,
i) Persons who want to enter or enter the country illegally, or for whom a decision to deport or extradite them has been taken,
can catch.
It is authorized to seize and keep those who cannot prove their identity with a document or with the testimony of reliable persons known by the law enforcement, and persons who are suspected of the accuracy of the documents they show, for a period not exceeding twenty-four hours, until it is understood whether they are among the wanted persons or their true identity is revealed. Necessary convenience is given to these persons to prove their identity.
Temporary arrest can be made by anyone in the following cases:
a) The person is encountered while committing the crime,
b) There is a possibility that the person being followed because of a red-handed act escapes or there is no possibility to determine his identity immediately.
While the investigation and prosecution are dependent on the complaint, the arrest of the person in flagrant cases against those who are incapable of administrating themselves due to physical or mental illness, disability or weakness is not dependent on the complaint.
According to the third paragraph of Article 90 of the Criminal Procedure Law No. 5271 about the crime whose investigation and prosecution is dependent on the complaint, if the suspect is caught before the complaint, the person authorized to make the complaint, and if there is more than one, at least one of them is notified of the arrest.
Capture process
Article 6 – An arrest can be made by anyone, within the framework of the powers specified in Article 5, by the decision of a judge or by the order of the Public Prosecutor, or directly by law enforcement officers or in flagrante delicto.
In order to prevent the captured person from escaping and harming himself or others, a rough body search is carried out, and it is ensured that he is cleared of weapons and similar elements.
During the arrest, measures are taken to prevent the destruction or deterioration of traces, signs, works and evidences of the crime.
The arrested person, regardless of crime, is informed immediately in writing, and if this is not possible, verbally immediately, regardless of the crime, the reason for the arrest and the allegations about him, as well as the right to remain silent, to benefit from a lawyer, to object to the arrest, and to use other legal rights and the right to object.
In the event of an arrest made by the law enforcement force, the action, the person arrested and the measures taken are immediately reported to the Public Prosecutor.
Upon the order of the public prosecutor, a relative or a person designated by the arrested person is informed without delay of the order regarding the arrest and the extension of the detention period.
The arrest process is linked to a record. In this report, it is clearly written that the arrested person is caught for what crime, under what conditions, in what place and time, who made the arrest, which law enforcement officer was identified, and his rights are fully explained, and a copy of this report is given to the arrested person. This person is also informed of his rights in writing and that this issue is understood by him.
Detention Report and Suspect and Defendant Rights Form” (Annex-A) is prepared and a signed copy is given.
In cases where the person who is caught committing a crime or who is being followed because of an act in the act of redemption has the possibility of escaping, or because there is no possibility to determine his identity immediately, he is caught by the law enforcement officers or is caught by the law enforcement officers in such cases, or in cases where an arrest warrant or arrest warrant is issued, and delays are objectionable; Since there is no opportunity to immediately apply to the public prosecutor or their superiors, the public prosecutor is immediately informed about the person and incident caught by the law enforcement officers, and action is taken in line with his order. The verbal order given by the public prosecutor is translated into written form as soon as possible and notified to the relevant law enforcement agency, if possible, through the fastest communication; otherwise, it is ready to be taken by the relevant law enforcement officers. However, the law enforcement officer fulfills the verbal order without waiting for the order to be put into writing.
If the arrested person is not released by the order of the Public Prosecutor, he is taken into custody for the completion of the investigation.
After applying the second paragraph of this article, the reason for the arrest, the right to object to the arrest and how this right will be exercised shall be immediately notified to the persons arrested for the purpose of being taken into custody. It is ensured that those who need to be taken to a correctional or treatment institution are taken by the relevant institutions. In case of non-receipt, the situation is determined with a report and a copy of the report is sent to the local authority.
Measures to be applied to persons arrested and transferred
Article 7 – Handcuffs may be placed on persons who are caught or detained and transferred from one place to another in case of signs that they will flee or that they or others are in danger in terms of their life and physical integrity.
Notify relatives
Article 8 – The arrested person;
a) If there is a person with him, through this person,
b) If he is residing in the place where the crime was committed or caught and knows the phone number of the relative to whom he will inform or if he can be detected by law enforcement in any other way, by telephone,
c) If he does not know the phone number of the relative to whom he will inform, through the relevant law enforcement,
d) If his residence is outside the crime scene, by telephone or by contacting the person’s address,
Upon the order of the Public Prosecutor, a relative or a person designated by the public prosecutor is informed without delay.
If the arrested or detained person is a foreigner, the embassy or consulate of the country of which he is a citizen is informed, unless he or she objects in writing.
The person’s arrest, in order to be taken into custody, is immediately notified to his/her legal relatives.
Health check
Article 9 – In cases where the arrested person is to be taken into custody or caught by force, his health status at the time of his arrest is determined by a doctor’s control.
The health status of the detained person is also determined by a doctor’s report before the process of relocation for any reason, extension of the detention period, release or referral to judicial authorities.
Those detainees whose health condition deteriorates for any reason and whose health condition is suspected are immediately checked by a physician and treated if necessary. Those who have a chronic illness among those in this situation are allowed to be examined and treated by an official physician under the supervision of their own physician, if available.
The law enforcement officer who takes the statement of the detained person or conducts the investigation and the law enforcement officer who takes this person to a medical examination must be different. However, if there is no different law enforcement officer due to lack of personnel, this situation is documented.
Medical examination, control and treatment are carried out by the forensic medicine institution or official health institutions.
The doctor’s report is prepared in three copies. The unit that will issue the doctor’s report is notified in writing by the law enforcement officers whether the arrested person is brought to the detention center for the entry report or the exit report.
A copy of the arrest or detention report is kept in the health institution that issued the report, the second copy is given to the detainee and the third copy is given to the relevant law enforcement officer to be added to the investigation file.
From the doctor’s reports issued during the extension of the detention period or the change of location or exit from the custody; One copy is kept in the health institution, and two copies are sent to the relevant Chief Public Prosecutor’s Office in a closed and sealed envelope by the health institution issuing the report. One copy of these is given to the detainee himself or his deputy by the public prosecutor, and a copy is added to the investigation file. In preparing these reports and sending them to the Office of the Chief Public Prosecutor,
Confidentiality rules specified in Article 157 of the Criminal Procedure Law No. 5271 are followed and necessary measures are taken by the relevant health institution for this purpose.
If, during the examination, the physician comes across any finding that the crimes of torture specified in Article 94 of the Turkish Penal Code No. 5237, torture aggravated by the result specified in Article 95, and torture specified in Article 96 have been committed, he shall immediately notify the Public Prosecutor of the situation. In this case, action is taken in accordance with Articles 7 and 8 of the Regulation on Physical Examination, Genetic Examinations and Determination of Physical Identity in Criminal Procedure.
It is essential that the physician and the person being examined remain alone and that the examination is carried out within the framework of the physician-patient relationship. However, the physician may request that the examination be carried out under the supervision of a law enforcement officer, citing personal safety concerns. This request is fulfilled by documenting it. In this case, upon the request of the detained person, the defense counsel may also be present during the examination, provided that it does not cause delay.
The examination of the woman is carried out by a female physician upon her request and whenever the possibilities allow. In the absence of a female physician despite the request of the woman to be examined, care is taken to ensure that a female healthcare professional is present with the physician during the examination.
security call
Article 10 – The following provisions apply to the person brought to the detention unit:
a) It is duly searched before being placed in the detention room or, in obligatory cases, in places allocated for this purpose. A woman’s body or body is searched by a woman officer or another woman to be assigned for this purpose.
b) Objects such as belts, ties, ropes, cutting and piercing tools that may harm them are removed.
c) The belongings and money removed from it are kept under protection. A report is drawn up stating the type, serial number and amount of the money, the qualities and brand of the goods, and a copy of this report is given to the person sought.
Custody operations
Article 11 – Entry of the person who has been searched to the detention room is ensured by being recorded in the “List of Records of Those Taken to the Detention House” (Annex-B) attached to this Regulation.
In custody procedures;
a) Those who are related to the same crime, those who are against each other, men and women are not put together, children are kept separate from adults.
b) More than five people are not allowed to be kept together in the detention room, except for essential situations.
c) Necessary needs such as toilets and cleaning are provided under the supervision of the officer in charge.
d) Food and beverages are checked in advance.
e) In case the detainee starts to display an aggressive attitude or tries to harm himself, he will first try to control himself verbally. If this is not possible, enough force may be used to counteract its motion. However, unless it is necessary, force is not used unless the life, bodily integrity or health of himself or someone else is in danger.
f) Persons whose aggressive attitudes and behaviors cannot be controlled are sent to health institutions for medical intervention.
g) Detainees can be monitored for this purpose by taking necessary measures to protect their right to life. Surveillance can be recorded to the extent technical possibilities.
h) The expenses of the detainee’s nutrition, transportation, protection of health and treatment when necessary, and informing the relatives of his arrest are met from the budget appropriations of the Ministry to which the relevant unit is affiliated.
Book of record of those taken into custody
Article 12 – Detention procedures are determined by writing in the book of the records of those taken into custody. In this ledger subject to audit:
a) Identity information;
1) Name and surname,
2) Name of mother and father,
3) Gender,
4) Place and date of birth,
5) Place of registration,
6) Volume, family sequence and registration number,
7) Passport number for foreigners,
8) Residence address, work address and telephone numbers,
9) Republic of Turkey identification number,
b) Information on the basis of detention;
1) Charged crime, reason for detention,
2) The place and date of the crime,
3) By whose order he was caught and taken into custody,
4) Name and surname of the informed public prosecutor,
5) The date and time of notification to the public prosecutor,
6) Record of information collection process part,
c) Entry procedures;
1) The place, date and time of the arrest,
2) Date and time of entry,
3) Authority, date, number and summary of the doctor’s report received at the entrance,
4) The materials received during the body search, the signature of the deliverer and the receiver,
5) Name, surname, rank and signature of the officer who made the entry,
d) Transactions related to the suspect;
1) Notified relative or designated person, address and telephone number,
2) Name and telephone number of the diplomatic mission notified,
3) Name, surname, registry and signature of the informing personnel,
4) Notification date and time,
5) The suspect’s signature indicating that he was informed,
6) Whether an interpreter is provided, the name, surname and signature of the interpreter,
7) Defense job
his statement and signature about his
8) If requested by the lawyer, the name of the bar association or the name and surname of his own lawyer,
9) Name and surname, registration number, arrival time and signature of the defense counsel,
10) The authority deciding on the extension, the date, number and extended period of its decision,
e) Exit procedures;
1) The date and time it was issued,
2) The office to which he was referred,
3) Date and number of the dispatch document,
4) Name, surname and signature of the receiving officer,
5) The materials and signature delivered to the person,
6) Materials delivered to the officer and his signature,
7) Temporary departures,
8) Announcement, transactions and result,
9) Name, surname, rank and signature of the officer who made the exit,
10) Name, surname, rank and signature of the controlling supervisor,
is specified.
In addition to the mandatory information mentioned above, other necessary information may also be included in this book.
THIRD PART
Detention Period, Release and Referral to Judicial Authorities
Detention period
Article 13 – If the arrested person is not ordered to be released by the Public Prosecutor pursuant to Article 90 of the Criminal Procedure Code No. 5271, he is taken into custody for the completion of the investigation.
The detention period cannot exceed twenty-four hours from the moment of arrest, excluding the mandatory period for sending it to the nearest judge or court. Mandatory time to be sent to the nearest judge or court to the place of arrest cannot be more than twelve hours.
If it falls under the jurisdiction of the heavy penal courts, which are charged with dealing with the crimes in the first paragraph of Article 250 of the Criminal Procedure Law No. 5271, this period is forty-eight hours.
Extension of the detention period
Article 14 – In crimes committed collectively, the Public Prosecutor may order in writing to extend the detention period for three days, not exceeding one day at a time, due to the difficulty in collecting evidence or the large number of suspects. The order for the extension of the detention period shall be immediately notified to the detainee. No one can be deprived of his liberty without the decision of a judge after these periods have passed.
Among the crimes falling under the jurisdiction of the heavy penal courts, which are in charge of dealing with the crimes in the first paragraph of Article 250 of the Criminal Procedure Law No. 5271; The period determined as four days in the first and third paragraphs of Article 91 of the same Law may be extended up to seven days upon the request of the Public Prosecutor and the decision of a judge, for persons arrested in areas where a state of emergency has been declared pursuant to Article 120 of the Constitution. Before making a decision, the judge listens to the person caught and detained.
Applying to a judge against arrest and detention procedures
Article 15 – Against the written order of the Public Prosecutor regarding the arrest, detention or extension of the detention period, the arrested person, his lawyer or his legal representative, his spouse or a first or second degree blood relative may apply to the magistrate to ensure their immediate release. The petition of the arrested person is delivered to the authorized judge as quickly as possible.
Taking the arrested person to the competent court
Article 16 – If the person caught during the investigation or prosecution phase cannot be brought before the authorized judge or court within 24 hours at the latest, upon the arrest warrant issued by the judge or the court, he/she is brought before the nearest criminal judge of the peace within the same period; If he is not released, he is arrested to be sent to the competent judge or court as soon as possible.
Referral or release to the competent authorities
Article 17 – The arrested person is immediately released by the law enforcement upon the order of the Public Prosecutor, if the reason for his detention cannot be determined or the reason for his arrest disappears.
The person who is caught is handed over to the relevant institution if he is one of the persons for whom rehabilitation or treatment measures should be taken.
Detention periods are the maximum periods and it is essential that the proceedings of the detained persons be completed as soon as possible.
The detainees are immediately transferred to the relevant Chief Public Prosecutor’s Office by the law enforcement, without waiting for the detention period to expire, after their proceedings are completed.
The release decision, which is given upon the application made to the judge, against the order of the public prosecutor regarding the arrest, detention or the extension of the detention period, shall be implemented immediately.
The personal belongings and money taken into custody are delivered to the person concerned in full and annotated on the security search report prepared at the entrance and signed by him.
The process and reason for the removal or release are linked to the “Report/Release Record” (Appendix-C) attached to this Regulation, a copy of which is given to the person released from custody.
Prohibition of recapture
Article 18 – The arrest process cannot be applied again for the same reason, unless new and sufficient evidence is obtained regarding the act that caused the arrest and the decision of the Public Prosecutor is not obtained for the person who was detained and released upon the expiry of the detention period or the decision of the criminal judge of the peace.
Special provision for children
Article 19 – The powers of arrest and statement taking in terms of children are shown in the figure below.
restricted in the province:
a) Those who did not reach the age of twelve when the act was committed, and those who were deaf and dumb under the age of fifteen;
1) It cannot be caught due to a crime and cannot be used in the determination of a crime in any way.
2) Capture can be made for the purpose of identification and crime detection. Released immediately after identification. The identified identity and crime are immediately reported to the Office of the Chief Public Prosecutor by the head of the court or the judge as a basis for taking an injunction.
b) Those who have completed the age of twelve but not completed the age of eighteen may be caught due to a crime. These children are immediately referred to the Office of the Chief Public Prosecutor by notifying their relatives and the defense counsel; The investigation regarding these is carried out personally by the Chief Public Prosecutor or the Public Prosecutor to be appointed, and is carried out in accordance with the following provisions:
1) Parents or guardians are notified of the custody of the child.
2) Even if it is not his own request, the lawyer can be benefited, his parents or guardian can choose a lawyer.
3) The suspect child’s statement is taken, provided that the defense counsel is present.
4) In cases where it is not found to be contrary to his/her interest or there is no legal obstacle, his/her parents or guardians may be present during the deposition.
5) It is kept in separate places from adults.
6) If the crimes written in the Law No. 2253 on the Establishment, Duties and Trial Procedures of Juvenile Courts are committed together with the adults, the documents related to the children are separated during the investigation phase and the investigations are carried out separately.
7) Children’s identities and actions are strictly kept confidential.
8) If the victim of the crime is a child, in cases of red-handedness committed against them, in acts whose prosecution depends on the complaint of the person who was harmed by the crime, the condition of complaint is not sought for the arrest of the suspect and the investigation.
9) As far as possible, procedures regarding children are carried out by officers in plain clothes.
10) Children cannot be attached to handcuffs or similar tools. However, necessary measures are taken by the law enforcement in order to prevent the escape of the child and the dangers that may arise in terms of life or physical integrity of himself or others.
CHAPTER FOUR
Matters Regarding the Advocate
Appointment of defense counsel
Article 20 – The suspect or accused can benefit from the assistance of one or more lawyers at every stage of the investigation and prosecution; If he has a legal representative, he can also choose a lawyer for the suspect or the accused.
During the investigation phase, a maximum of three defense counsels can be present to take statements.
At every stage of the investigation and prosecution phases, the right of the lawyer to meet with the suspect or the accused, to take a statement or to be with him during the interrogation and to provide legal assistance cannot be hindered or restricted.
If the suspect or accused declares that he is not in a position to choose a lawyer, a lawyer is appointed by the bar association upon his request.
If the suspect or accused is under the age of eighteen or deaf or dumb or disabled to the extent that he cannot defend himself, and a lawyer is not found, a lawyer is appointed without seeking his request.
A lawyer is appointed without seeking the request of the suspect or the accused in the investigation and prosecution for crimes with an upper limit of at least five years in prison.
Meeting with the counselor
Article 21 – The suspect or accused can meet with the lawyer at any time and in an environment where others cannot hear what is being said, without seeking a power of attorney. The correspondence of these persons with the defense counsel shall not be subject to inspection.
Before and during the meeting with the defense counsel, pen and paper are given to the arrested person upon his request.
Provided that it does not delay the investigation and if the arrested person wishes, a maximum of three defense counsels can be present without a power of attorney.
In each law enforcement unit, an interview room with suitable conditions is reserved for the interview.
The defense counsel’s examination of the investigation document1
Article 22 – During the investigation phase, the defense counsel can examine the contents of the file and may obtain a copy of the documents requested free of charge. A written order of the authorized public prosecutor is required for the investigation file in the law enforcement.1
If the defense counsel’s examination of the contents of the file or taking samples from the documents would endanger the purpose of the investigation, this authority may be restricted by the decision of the criminal judge of the peace upon the request of the public prosecutor.
The provision of the second paragraph shall not apply to the minutes containing the statement of the arrested person or the suspect, expert reports and other judicial proceedings in which the aforementioned persons are authorized to be present.
The defense counsel can examine the contents of the file and the preserved evidence from the date the indictment is submitted to the court by the Office of the Chief Public Prosecutor; may obtain copies of all minutes and documents free of charge.
The attorney of the injured party also benefits from the rights contained in this article.
