Custody and arrest

The aim of the code of criminal procedure is to sustain the public order by investigating whether the suspect or the accused is guilty or not through revealing the material truth, to punish and rehabilitate if s/he is guilty. The tools which the code of criminal procedure utilises to materialise abovementioned aims are called measures of precaution. All of the measures of precaution restrict one of the fundamental rights. Some of them restrict the right to personal liberty, some of them restrict the right to privacy, a part of them the right to immunity of residence, while others restrict the right to freedom of travel and information or the right to property. In the abovementioned rights and freedoms perhaps the most fundamental and important of all are the measures of precaution which restrict the right to personal liberty through custody and detention.The new Code of Criminal Procedure (no: 5271) attaches a detailed emphasis upon the measures of precaution and makes a new regulation regarding the measures restricting the right to personal liberty and other rights. The code introduces strict provisions and states that the measures are not to be put into effect so long as the abovementioned provisions do not materialise.Our Code of Criminal Procedure (CMK) which consists of three parts aims to observe the measures of detention and arrest which are regulated in the CMK after the new amendments. In the first part of our work, the right to personal liberty and security, international documents as well as the appearence of the right to personal liberty and security in the constitution of 1982 are observed. Moreover, attempts to explain the meaning and content of the concept ?measures of precaution? is made. The prerequisites of the measures of precaution and the general common characteristics are examined.In the second part, custody which is one of the measures of precaution that exist in the code of criminal procedures is discussed in detail. The historical development of custody, how this measure is practised in different countries, the conditions and custody periods, the rights of the person in custody, the procedures to be followed after the custody, the procedures to apply to court against custody and the procedures of terimination of this measure are observed.In the third part detention (arrest) which is a measure of precaution is discussed. The historical development, the conditions, the verdict to arrest and the right to appeal against it, the detention period, the special conditions to arrest, its termination and the provisions which the prisoner is subject to is examined.In the conclusion part, problems regarding the measures for custody and detention and attempts to solve these problems are conducted.