In short
Detention given while the person is not present is not a conviction that is executed without questioning once the person is brought. The decision is a protective measure given while the person is absent. When he is brought, a statement is taken and the measure is assessed in the person's presence. The definition of the conditions of detention is in another article. How the arrest warrant is searched for is not recounted in this article.
The heading of the decision, and the record of absence
The heading of the paper is detention. On the upper line stands the name of the authority that gave it. The name may be the criminal judgeship of peace in the investigation stage, and the court conducting the trial in the prosecution. Which name was written is read from that line. An authority that is not written is not added. Under the name, the file number and the date of the decision are in separate boxes. If the number is missing, the missing box is not completed. The date is the day the decision was given. If the date is empty, a date is not added.
In a detention in absence written in Ankara as well, the authority is the prosecution office or the court in the heading of the paper. If another province is written in the heading, the act is according to that heading. A province name that was heard does not change the heading.
That the person was not before the judge at the moment of the decision is read from the record in the decision. This line may be "he was not present", "in absence", or a similar sentence. If there is no sentence, absence is not assumed. If there is a sentence, the sentence is not a finding that the offence was seen as established. The result sentence writes that detention was decided. If there is no sentence, detention is not assumed. The signature is the signature of the judge who gave the decision. If the signature line is empty, a signature is not added.
The list of the conditions of detention is in the article a detention decision. This text does not rebuild the list. Copying the list does not turn the person's absence into a conviction. The reasoning section writes why the measure was given. If there is no reasoning, reasoning is not added. A judgment sentence is not drawn from the reasoning.
The decision does not of itself become a prison sentence because the person was not found. The passing of time in between does not change the name of the paper either. A prison sentence is the result of the judgment given at the end of the trial. This decision is not that judgment. The passing of time does not turn the measure into a judgment. Even if a long time has passed over the decision, the heading stays as detention. The heading does not of itself turn into a document of execution.
The minutes of bringing
When the person is brought, he is taken out to the authority at the stage of the file. The minutes of bringing are the record of this taking out. On the minutes stand the name of the unit, the date, and the person's name. The date is the day of the bringing. The date of the decision in absence does not stand in for this day. The two dates are read separately. If the unit line is empty, the name of a unit is not added.
The minutes write the act of the person being taken out to the authority. The decision in absence does not become a document of execution by standing in for the minutes. If the decision was attached to the minutes, the annex is a copy of the decision. The copy is not a new detention decision. The number on the copy is compared with the number on the original decision. If the numbers differ, another decision may be being mixed. The difference is not closed.
If the bringing runs in the form of police custody, the rights are in the article rights in police custody. The period of the bringing is read from the minutes of that act. If the period is not in the minutes, it is not added to this text. If the period line is empty, the gap is not filled from the date of the decision in absence. If the custody ends and the person goes out, that paper is in the article release after police custody. The going out does not show that the decision in absence is a conviction. The going out is the result of that act. The heading of the minutes of going out is not the heading of the decision in absence.
The statement, and the defence-counsel line
When the person is brought, a statement is taken. The measure is assessed while the person is there. This act is not applying a sentence written beforehand without questioning. On the statement minutes, the questions, the answers, and the hour if there is an hour, are read. If there is no hour, an hour is not added. The statement does not stand in for the reasoning of the decision in absence. The reasoning is inside the decision. The statement is the person's declaration at that moment.
The person may ask for defence counsel before the statement. The request belongs before the statement. A line of the request for defence counsel is looked for in the statement minutes. If there is no line, the request is not treated as made. If the request was written and counsel came, the counsel's name stands in the same minutes. If there is no name, a name is not added. If the request was written and counsel did not come, the reason is read from the same minutes. If there is no reason, a reason is not invented. If the minutes write "he did not ask for counsel", that sentence is read. If there is no sentence, it is not assumed that he did not ask.
If detention continues after this assessment, the form of a meeting with defence counsel is in the article a meeting of a person in detention with a lawyer. The day and the period of a meeting in the institution are in that article. This section does not build a visit schedule. An hour that is not on the schedule is not added. The minutes of the meeting are not the execution of the decision in absence. The meeting is the record of the meeting that was held if the person remained in detention.
If a new decision was written at the end of the assessment, whether that decision is a continuation of the decision in absence or its lifting is read from its own result sentence. If there is no sentence, the decision in absence is not treated as having come off of itself. If there is no new decision, the decision in absence is not erased by the minutes of the bringing. The two papers stand side by side. The name of the authority on the new decision may not be the same as the authority on the decision in absence. If the file has passed to the prosecution, the authority may have changed. Which authority it is, is read from the heading of the new decision. If there is no heading, the old heading is not carried. The number of pages of the statement minutes and the number of pages of the decision are separate. If one was not written as the annex of the other, it is not treated as an annex. If goods found on the person were written in the minutes of the unit that brought him, that list is not the reasoning of the decision in absence. The list is the record of the moment of bringing. If there is no item beside your name on the list, an item is not added. If the minutes and the decision carry a different file number, the numbers are not joined. A sentence of joining exists only if it is written in the new decision.
The place where a judgment sentence is not looked for
A conviction is the judgment given upon the offence being seen as established. Detention in absence is a measure applied while the investigation or the prosecution continues. The person's absence does not give the judgment. Finality of the judgment, its execution, and the amount of the sentence are not looked for on this paper. If these lines are not on the paper, they are not added. The word "accused" or "suspect" is not read in the place of the word convicted. If convicted is not written, it is accepted as not written.
A trial heard about a person who was not found is a separate regime. That regime is not a copy of the detention decision given while he was absent. A judgment without a hearing is not given in this text. The decision is read only as a measure. The name of the measure is not changed with a judgment sentence. In the result section of the decision, a sentence that a prison sentence was imposed is looked for. If there is no sentence, a sentence is not treated as given. If there is one, that sentence is a line not expected in the measure decision that is the subject of this article. The line is not treated as absent. The line is read with its own sentence, and it is not mixed with the heading of detention.
The order line being a separate paper
Together with the decision, an order aimed at bringing the person may also have been written. The text of the order is not itself the detention decision. If there is no separate line, an order is not added as if it existed. If there is a line, the date of the order and its number, if there is one, are read on the line. The number may not be the same as the number of the detention decision. The two are kept separate. Whether the order is in the file is read separately with the service and the prosecution record. The place of that reading is the article an arrest warrant. A route that delays the bringing is not recounted.
If the order was served, the service annotation is looked for on the order. The annotation is not the service of the decision in absence. If there are two annotations, each is on its own paper. If one is absent, the other does not complete it. If there is no order at all, only the detention decision is read. The decision is not treated as having taken on the duty of the order of itself.
If a copy of the decision in absence was given into the person's hand when he was brought, a line of "a copy was given" is looked for on the copy. If there is no line, the copy is not treated as given. If a copy was given, the number of pages on the copy is compared with the original decision. A missing page is not completed from the minutes of the bringing. If detention was continued at the end of the assessment, the date of the new decision is after the date of the decision in absence. The number of the new decision is separate. Joining the two numbers in a single citation erases which measure continues. If the new decision lifts it, the sentence of lifting is in the result section of that decision. The sentence is not a note written later on top of the decision in absence. A note is read only if it stands on the minutes. The note does not stand in for the result sentence of the decision.
Conclusion
Detention given while the person is absent is not a conviction executed without questioning once he is brought. The record of absence, the minutes of bringing, and the statement line are read separately. The statement is taken after the person is present. If the order is a separate paper, it is read separately. The frame is on the criminal law page. The basis is the provisions of the Criminal Procedure Code No. 5271. The contact page stands for the paper after the bringing.