A detention order is a decision that allows the suspect to be temporarily limited by the police or gendarmerie, with the decision of the prosecutor. A judge’s decision is not required for a detention order.
Detention begins when a person’s freedom is restricted. Therefore, the detention period begins as soon as the suspect is caught. There are regulations regarding detention in Article 91 of the Criminal Procedure Code. According to the relevant article, the period of detention cannot exceed 24 hours from the moment of arrest. Detention is subject to the necessity of this measure in the direction of investigation and the existence of concrete evidence showing the suspicion that the person has committed a crime. According to this regulation in the Code of Criminal Procedure, the suspect can be detained with the decision of the Public Prosecutor for the crime of manufacturing and trading drugs or stimulants.
The arrest warrant is regulated as the heaviest protection measure in the Criminal Procedure Code. An arrest warrant is a temporary protection measure, just like a detention order.
In Article 100 of the Code of Criminal Procedure, if there is concrete evidence showing the existence of a strong suspicion of crime and a reason for detention, an arrest warrant may be issued for the suspect and the accused during the investigation or prosecution phase. However, the arrest warrant should be commensurate with the expected punishment and the importance of the job. What is essential in criminal proceedings is the continuation of the investigation or prosecution of the accused or suspect pending trial. Therefore, detention is always an exceptional measure of protection. An arrest warrant cannot be issued for crimes requiring only a judicial fine or for crimes with an upper limit of imprisonment for no more than two years, excluding those committed intentionally against bodily immunity. In this respect, if there is concrete evidence to raise strong suspicion that a drug trafficking crime has been committed, an arrest warrant may be issued for the perpetrator.
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