Pre-trial detention

Protection measures which cause the restriction of freedom of suspected he suspects in order to achieve the ultimate goal of the offenses and criminal procedure that is nothing more than to reveal substantial reality concerning the crimes and then punish those offenders. Thus it will be possible to guarantee a effective manner to administrate the criminal proceedings. Among the protection measures pre-trial detention is undoubtedly one that restricts in the most serious civil liberties before the trial. This protection provides temporary confinement of suspects and defendants to ensure they cannot flee or destroy evidence. As a procedural measure which involves the detention of suspects and defendants before the judicial judgment to ensure they cannot flee or destroy evidence, the preventive detention is surely one of the most problematical institutions of the criminal penal procedure law. In the framework of this thesis, the notion of pre-trial detention, its relation with the presumption of innocence and other fundamental principles of the penal procedural law, its historical roots and the different application of this measure within the comparative law and its application in modern Turkish judicial system is elaborated.