Temporary Apprehension
Apprehension is a protection measure that allows the temporary restriction of liberty of a person suspected of committing a crime in the criminal procedure process. Although it is dependent on the assurance of a judge because of its nature, it is possible for the apprehension to be made without any...
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| Main Authors: | , |
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| Format: | Article |
| Language: | deu |
| Published: |
Istanbul University Press
2024-07-01
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| Series: | Ceza Hukuku ve Kriminoloji Dergisi |
| Subjects: | |
| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/81B932B3374B411383865CE4E01C723D |
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| Summary: | Apprehension is a protection measure that allows the temporary restriction of liberty of a person suspected of committing a crime in the criminal procedure process. Although it is dependent on the assurance of a judge because of its nature, it is possible for the apprehension to be made without any judicial decision. One of these cases is temporary apprehension by civilians. Temporary apprehension can be performed by anyone. Temporary apprehension is regulated by Article 90/1 of the Code of Criminal Procedure No. 5271. In the provision, the objective conditions required for temporary apprehension are stated as cases where the person is encountered while committing a crime, there is a possibility that the person being pursued due to a red-handed act will escape or it is not possible to immediately determine his identity. For a lawful temporary apprehension, in addition to objective elements, the person must make the apprehension with the idea that a criminal investigation will be conducted against the suspect. For a temporary apprehension to be made, there must be a strong suspicion that the person has committed a crime. In temporary apprehension, the duration of pursuit due to a red-handed act is not important for the person making the apprehension. Pursuing may continue until the person being pursued for a red-handed action is caught. Because the temporary apprehension will be carried out by civilians, the apprehension must continue until the handover to law enforcement. Therefore, it must be within a certain time limit. On the other hand, the apprehension to be applied to a person has a limited authority of coercion. |
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| ISSN: | 2602-3911 |