Detection as a protection measure

Several protection measures are needed to reveal the material fact which is the main objective of the criminal proceedings. Detention is the most important and the most severe of these protection measures. Even though there is no definite verdict about his/her guilt, the freedom of the person is restricted. For this reason, this is settled by establishing rules in many national and international documents to prevent arbitrary applications. The terms and conditions of it are detailed in Article 19 of the Constitution, Article 5 of the European Convention on Human Rights and Article 100 and the following articles of the Code of Criminal Procedure No. 5271. The purpose of this study is to determine the meaning, scope and extent of the detention in the direction of the regulations of Constitutional Court, the European Court of Human Rights and the Supreme Court decisions and the regulations in the law. In this framework in the first section, the prerequisites, the material conditions and the formal conditions are analyzed in order to be able to give an arrest warrant. In the second part of the study, attempts were made to examine the arrest warrant, its execution and the lifting detention. In this section, firstly, the authority that will make the arrest warrant according to the court proceedings, trial's procedure, content, reason and necessity to keep the defense are discussed in detail. In the following sections, the process to be followed following the arrest warrant and the cases that end the arrest are mentioned. In the third and final part of the study, the inspections of arrest warrant were tried to be examined. In this section, it was aimed to examine and classify the violations of rights which are determined by the Constitutional Court through individual application, especially after mentioning the ordinary and extraordinary ways of law against the decisions. Keyword: Arrest, Freedom and Security, Criminal Procedure Code, Constitution,Constitutional Court