Arrest and detention

The subject of our study is "arrest and detention", one of the protection measures because they are the criminal procedure law institutions. As a concept, "capture" is the deprivation of one's freedom without the judge's decision. In addition, "detention" refers to the detention of the detainee in custody. The continuation of the detention period of the detainee from liberty shall be ensured through the custody measure according to the decision of the prosecution. These measures are very sensitive as they restrict human rights and freedoms. Otherwise; there may be a violation of the right to life regulated in Article 2 of the European Convention on Human Rights, the prohibition of torture in Article 3, the right to freedom and security of persons regulated in Article 5 and finally the right to a fair trial which is regulated in Article 6. Therefore, it is only possible to maintain the democratic social order by preventing possible violations of rights, to address legal regulations respecting human rights, to comply with universal principles and international law, and finally to apply the existing legal rules to all people. Keywords: Arrest, detention, capture, protection measures, criminal procedure law, European Convention on Human Rights, right to life, the prohibition of torture, the right to freedom and security, right to fair trial