Arrest Warrant in Turkey: A Critical Step in Criminal Law Proceedings

 

In Turkey, one of the most critical and invasive steps in criminal investigations is the arrest warrant, as it directly interferes with an individual's freedom. This measure is taken to ensure the proper functioning of criminal proceedings and must be implemented within the framework of fundamental legal principles. However, in practice, arrest warrants are often issued without proper justification or proportionate reasoning.

 

What is an Arrest Warrant? Under What Conditions is it Issued?

According to Article 100 of the Turkish Criminal Procedure Code (CMK), an arrest warrant may be issued if there are "concrete evidence showing strong suspicion of a crime" and "grounds for arrest." These grounds for arrest usually include:

The possibility that the suspect may flee,

The risk of destroying, concealing, or altering evidence,

The threat of exerting pressure on witnesses, victims, or other persons.

 

However, not every suspicion is sufficient for an arrest warrant to be issued. Rather, the arrest warrant must be a last resort (ultima ratio) and must be evaluated in accordance with the principle of proportionality. In this context, both legal knowledge and practical experience are of great importance.

What Can Be Done Against an Arrest Warrant?

When an arrest warrant is issued, it is issued by the competent criminal court. However, there is the right to appeal this decision within 7 days. An appeal prepared by an experienced criminal lawyer is crucial in regaining one’s freedom.

Furthermore, decisions regarding the continuation of detention should be reviewed periodically. If, for example, the evidence has changed, witnesses have been heard, or there have been developments in favor of the suspect, such as a fixed residence, a request for release can be made again with strong legal arguments.

 

Arrest Warrant Risk for Individuals Living Abroad

As a Turkish citizen living in Germany, you may not be aware of a criminal case filed against you in Turkey. However, when you enter Turkey, an arrest warrant or detention order may appear during a GBT (General Information Gathering) query. Therefore, it is crucial to find out in advance whether there is a criminal case against you and take precautions accordingly.

In this regard, as a Turkish criminal lawyer based in Germany, I can follow legal processes in Turkey on your behalf and identify situations that could lead to an arrest warrant, preparing a defense strategy early on.

 

Conclusion: Experienced and Reliable Legal Support is Crucial

An arrest warrant is a measure that restricts a person’s freedom, which has not only legal but also human and social implications. Therefore, it is of great importance to work with a lawyer who can properly manage the process, develop an accurate defense strategy, and not only possess theoretical knowledge but also practical expertise in criminal law.

As a criminal lawyer practicing in Germany, I provide my clients not only legal support but also trust, transparency, and strong representation.