Detention in Criminal Procedure Law

In the criminal procedure to discover the material truth some measures are needed. Arresting is one of these measures. Nowadays the concept of arresting which is directly interested with personal freedom and security has been included in lots of documents within the bodies of United Nations and European Council. Arresting is taking its constitutional base from 19th Article of the Constitution. Besides, arresting has been regulated between Articles 100-108 of Criminal Procedure Code and Articles 69-76 of Military Courts Establishment and Jurisdiction Methods Code. To give an arresting decision; formal conditions such as the procedure conditions shall be arisen, the defendant shall not be given guarantee certificate and there shall be no judge decision and material conditions such as the defendant is in presence, there is no arresting prohibition, there is a strong evidence of crime and at least on of the arresting reasons are realized are needed. The arresting reasons are; the defendant is suspected to escape, his/her attitudes are in a manner to hide the proofs or apply pressure on witness, victim or others and the crime to be categorized as crime in the law. Besides to give an arresting decision proportion rate shall not be breached. It shall not be forgotten that the arresting is just a mean not and is only arbitrary even the conditions are occurred. In the new criminal procedure in the new criminal procedure juridical control can be decided instead of arresting. In arresting the person is supported by an advocate. The arresting is immediately informed to a close person of the defendant or a person to be determined by the defendant. The arresting situation is examined in certain periods or in demand or automatically as indicated in the law both for investigation and prosecution. The arresting is bound to an upper limit; this period varies depending on whether this crime is under charged area of heavy penal court. The arrested person has entitled for some rights as well as some obligations and these are regulated within Law Regarding Execution of Crime and Security Measures. The losses arising from the arresting is compensated by deducting the arresting period from the condemnation period or paying compensation. The conditions of compensation are stated in article 141 of Law of Criminal Procedure. In Military Criminal Procedure the arresting is in parallel with Law of Criminal Procedure but is different in manners of arresting due to military protection, the commander being entitled to decide for an arresting from the juridical criminal procedure. Key Words: Civil Liberty, Detention, Judicial Control, Escaping Doubt, Losing the Evidence