Detention as a preventative measure in Criminal Prosedure Law

Criminal Prosedure Law aims to reveal material facts. To achieve this goal, needs to apply some preventative measures, may occur. Especially although there is not yet a final criminal sentence, because of the characteristics of arrest measure to restrict the freedom of people, is more specific location to other measures. Therefore, the violations in this area may occur results which are irreversible or very difficult. Because of this importance, arrest institution is edited in the international texts, the Constitutions and the prosedure laws. In our national law, while the constitutional basis of the the arrest take place in the 19th article of the Constitution, there are provisons dealing with detention in the separate section under the part of preventative measures in the 100th and following articles of Criminal Procedure Code. In this context, the decision to arrest in the presence of a number of conditions are given. On the other hand, even if the existence of the conditions of arrest, is not a measure to be applied on a mandatory basis, optional feature. However, the detention is a measure of temporary property, should be ended immediately if the conditions disappearance. On the other hand, because of this feature of detention, maximum periods are accepted in Criminal Procedure Code according to courts. There are some specific legal consequences of the arrest decision. Arrest decisions are subject to inspection by objections or upon request. Arrested people have some rights and obligations arising by Law No. 5275 and other arrangements. Keywords: Arrest, Preventative Measure, Suspicion of Escape, to Destroy Evidence.