Introduction

Detention is a measure regulated in Article 100 of the Code of Criminal Procedure, applied to prevent the suspect or accused from fleeing, tampering with evidence, or influencing the trial. Detention is the most severe among judicial measures. Detention can only be applied in the presence of legal conditions and by decision of the peace judge or court.

Steps to Be Taken in Case of Detention Decision During Investigation

Articles 102 and following of the CCP regulate the steps to be taken in case of a detention decision during the investigation phase. These steps are as follows:

1. Taking into Custody: Before a detention decision is made, the suspect or accused is taken into custody. The detention period cannot normally exceed 24 hours and can be extended under certain conditions.

2. Taking Statement / Interrogation: The suspect or accused is interrogated by law enforcement officers or the prosecutor. The suspect or accused's lawyer may be present during the interrogation.

3. Referral to the Peace Judge: Before the detention period expires, law enforcement officers refer the suspect to the peace judge.

4. Detention Decision: The peace judge may or may not issue a detention decision after listening to the suspect or accused and examining the file.

Detention Periods

Detention periods are limited to maximum periods in terms of investigation and prosecution phases, and maximum extension periods are foreseen for certain types of offenses and certain types of courts.

Detention Period in the Investigation Phase:

• For cases not within the jurisdiction of the Assize Court, the detention period is determined as six months, and for cases within the jurisdiction of the Assize Court, as one and a half years. For the investigation of certain crimes, it can be extended by six months upon justification.

In the Prosecution Phase:

• In cases not within the jurisdiction of the Assize Court, the maximum detention period is one year. However, this period can be extended by six more months upon justification in exceptional cases.

• In cases within the jurisdiction of the Assize Court, the maximum detention period is two years. This period can be extended upon justification in exceptional cases; the total extension period cannot exceed three or five years depending on the type of crime.

Appeal Against Detention

The suspect or accused against whom a detention, continuation of detention, or rejection of a detention request is decided, and his/her defense attorney, as well as the public prosecutor, may appeal this decision within seven days. The judge or court against whose decision the appeal is filed corrects its decision if it finds the appeal justified; if it does not find it justified, it sends the appeal to the competent authority for review within three days at most. The appellate body varies in terms of the investigation and prosecution phases and the authority that made the first decision. The decisions of the appellate body are final. However, the suspect or accused can always request their release at any stage of the investigation and prosecution phases.

Conclusion

Detention is a measure considered as a last resort. This measure can only be resorted to in the presence of legal conditions and by decision of the judge. When giving a detention decision, factors such as the suspicion of the suspect or accused fleeing, the suspicion of tampering with or destroying evidence, the suspicion of threatening or intimidating witnesses or experts, the suspicion of aiding or abetting the commission of the crime, and the possibility of recurrence of the crime are taken into account.