In short
A request for release made while detention continues is not a copy of the first objection petition. The request asks whether the continuing detention will be lifted with today's file. The separation is in the changed fact and in the rhythm of the review. The text of an objection against the first decision is not told in this article. A number of months and of days is not written either.
Which decision the request is written to
A request for release is given while the person is detained. The addressee is the authority that holds the detention. This authority may not stand on the same line as the authority that gave the first detention decision. The current decision, or the detention record, shows the authority. On the record, the name of the institution, the file number, and a line that detention continues are looked for. If there is no line, it is not assumed that detention continues. An office name that is not on the record is not added. The request does not open a new charge of an offence. The file number is the file in which the detention was written. An old investigation number is not carried if it does not stand separately on the record.
On a detention record that stands in Ankara too, the authority is the prosecutor's office or the court in the heading of the paper. If another province is written in the heading, the request is written to that heading. If it was said orally that the file is at another office, the word does not change the name on the record.
The person and defence counsel may make the request. The public prosecutor may ask for release too. The prosecutor's writing is not the person's petition. A relative the statute counts may apply in the capacity on the file. The capacity is read from the application paper and the civil-registry record. Going outside when custody ends is not this request. That exit is in the article on release after custody. An exit record is not counted as a decision of release given during detention.
A changed fact
The request says the fact that entered the file after the first decision. A document that came later, the completion in the file of an act the decision left open, or a state that was never written in the first reasoning, may be this fact. The date it was drawn up, and a record number if there is one, stand on the document. If the date is after the first detention decision, the document is mentioned in the petition with that date. If there is no date, the document is not named as a changed fact. Pasting the paragraphs of the first objection again does not show that the fact changed. A sentence of "let them be released" does not stand in for the document either. If the document is not in the file, it is not written as if the document existed. A second copy of the same document is not a new fact. If there is no new date on the copy, a date is not added.
The statutory conditions of detention are in the article on a detention decision. This request does not build those conditions from the start. It asks whether the decision still stands with today's file. The authority reads the file. The request paper is not a decision of release. The authority gives the decision.
An allegation that the offence was not committed is judged at the end of the trial. A request for release does not build this judgment. The request asks, with a fact newly entered in the file, whether the measure is necessary today. Pasting the same sentence a second time, without a new document, is not a changed fact. A new document is mentioned if it stands in the file with a date and a record number. If it is not in the file, it is not mentioned.
The rhythm of review
Two rhythms are mixed. The first is the request the person gave relying on a changed fact. The second is the review of the detention by the authority on its own rhythm. The two are not the same petition. The person's request does not change the review of the authority's own motion by tying it to an interval in this text. The interval stands in the statute and in the review records of the file. If there is no review record on the papers in your hands, the interval is not guessed. A month's name and a number of days are not written here.
A detained person may prepare the request with defence counsel. The form of the meeting is in the article on a meeting of a lawyer with a detained person. The record of the meeting is not the record that the request was given to the authority. The request is entered separately. The date it was entered is read from the file record. A date that is not on the record is not added.
The product of a review of the authority's own motion is a separate decision. The authority that made the review, the date, and the file number stand in the heading of the decision. The person's petition does not stand in for that decision. If a review was made, the date is written on that decision. If there is no decision, a review is not treated as made. The interval is not produced from this absence. If the review decision says the detention continues, this sentence is not the refusal of the person's request. If the request was decided separately, that decision is mentioned with the number of the request petition. If it is not mentioned, the two acts are not mixed.
Neighbouring papers
The particulars of the objection petition, its annexes, and the authority that reviews it are not written in this text. Even if the first objection was refused, a later request for release does not close by itself. The refusal does not mean the request will be accepted either. Each paper is read with its own record.
The authority may continue the detention, lift it, or debate a lighter measure. The definition of judicial control is in the article on judicial control. If a measure that was imposed was breached, the place of that result is the article on a breach of judicial control. A request for release does not build the account of the breach. If there is a breach, that account is read from the document in the breach article.
The particulars of the petition, and the signature
On the release petition, the file number, the authority that holds the detention, and that the request is for release are written. The number is the number on the current detention record. The number of the old objection petition is not carried if the record has changed. The date is the day the petition was given. The date does not have to be the same as the document date of the changed fact. The two dates stand on separate lines.
The signature is that of the person who makes the request. If the person will sign, the signature is under their own name. If defence counsel will sign, the writing of authority stands in the annex. If there is no authority, the signature is not completed as counsel's signature. The signature of a relative the statute counts depends on the capacity being written on the application paper. If the capacity line is blank, the relative is not treated as having made the request. The prosecutor's writing of release is separate. The signature of that writing does not bring the person's petition to a signed state.
On the list of annexes, the name of the document shown as the basis of the changed fact stands. A document that is not on the list is not treated as added. If the date of the document is not on the list, the date is read from the line on the document itself. If the document is not in hand, it is not mentioned as if it existed. If the petition was entered with the authority, the date it was entered is on the file record. If there is no record, the petition is not treated as given.
If the petition is more than one page, the file number is looked for on each page. If the number is not on one page, whether that page is an annex of this request or another writing is read from the heading of the page. If there is no heading, the page is not counted as part of the request. If the paragraph that tells the changed fact mentions the name of the document, the name that is mentioned must stand on the list of annexes too. If it is not on the list, the paragraph does not show the document as having entered the file. If the paragraph and the list conflict, the conflict is not closed. If the authority returns the petition, the reason for the return stands in a separate writing. If there is no writing, the petition is not treated as entered, and it is not assumed to have been refused either. If the lack in the return writing relates to a page, that page number stands in the writing. If there is no number, which page is missing is not added. If the lack was made good and the petition was given again, the date of the new receipt does not stand in for the first date. The two dates stand apart in the file.
The paper after the refusal of the first objection
The particulars of the objection petition, its annexes, and the authority that reviews it are in the article on an objection to detention. Even if the first objection was refused, a later request for release does not close by itself. The result sentence of the refusal writes that the first objection was not accepted. This sentence does not mean the later request will be refused too. The refusal does not mean the request will be accepted either. Each paper is read with its own record.
The date of the refusal is not the date of the release petition. A document that entered the file after the refusal may be a changed fact. If the document repeats the reasoning of the refusal, the repetition is not a new fact. If the new document is a record never mentioned in the refusal, the name and the date of that record are written in the petition. If there is no date, the document is not mentioned.
The authority may continue the detention, lift it, or debate a lighter measure. The definition of judicial control is in the article on judicial control. If a measure that was imposed was breached, the place of that result is the article on a breach of judicial control. A request for release does not build the account of the breach. If there is a breach, that account is read from the document in the breach article. If there is no document of a breach, a breach is not assumed. If a lighter measure was written separately inside the decision of release, that line is read. If there is no line, the measure is not treated as operating by itself.
Conclusion
A request for release is separated from the first objection by a changed fact and the rhythm of review. The current record, the date of the document, and the particulars of the petition are read apart. If the interval is not on the papers, it is not guessed. The frame is on the criminal law page. The source of the provisions is the text of the Criminal Procedure Code No. 5271. The contact page stands for the authority on the detention record.