Criminal law · Legal information

How Is an Objection to Detention Made?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

An objection to a detention decision is the path of review after the authority that gave the decision. The petition does not retell why the person was detained. Those conditions are in the writing on the detention decision. The objection is against the first decision. The items of a release petition are not explained in this writing. The period is read in the decision and in the service record.

The particulars of the detention decision

The title of the paper objected to is the detention decision. The name of the authority that gave it stands on the top line. In the investigation stage, this name can be the criminal judgeship of peace. In the prosecution, the name can be the court conducting the trial. Which authority it is is read from the decision in hand. An office that is not written in the decision is not added to the petition. Under the name, the investigation number or the file number, and the date of the decision, are in separate boxes. The two numbers are not written in each other's place. If one is empty, the other does not fill it. The date is the day the decision was given. If the date line is blank, the date is not completed.

In a detention decision given in Ankara as well, the authority is the prosecution office or the court in the paper's title. If another province is written in the title, the transaction follows that title. If it was said orally that the decision came out somewhere else, the word does not change the title.

The reasoning stands in the middle part of the decision. The reasoning writes which fact the detention was tied to. If the reasoning is not on the paper, a sentence is not built as if the reasoning were there. The operative sentence writes that detention was decided. If the sentence is missing, detention is not assumed. The signature is the signature of the judge who gave the decision. If the signature line is blank, a signature is not added. A summons paper, a custody minute, and a judicial-control decision are not the subject of this objection. The person's rights while custody continues are in the writing on rights in custody. The objection is not a request for acquittal on the merits of the file either. The request is review of the detention decision that was given.

The decision copy is the text objected to itself. A summary drawn from memory is not counted as a decision copy. If the copy is a missing page, the missing page is not completed. The gap stands as a gap in the annex of the petition as well.

The place the petition is left

The petition is given to the authority that gave the decision. If the authority finds the objection well founded, it can correct its own decision. If it does not, it sends the file to the authority competent to review that decision. The reviewing authority changes according to the office that gave the decision. The same court name is not written onto every file. The name stands in the particulars of the decision and in the transmission record. The transmission record writes on which date, and to which authority, the petition was forwarded. If there is no record, the file is not treated as sent. The authority name in the record is not changed with a name added to the petition later.

The review is examination of the decision that was given. It does not see the case from the start. Whether the person will be heard in this examination is read from the transaction in the file. That a hearing will be held is not promised in this text. If a hearing was held, its trace stands in the minute. If there is no minute, a hearing is not assumed.

The detained person can prepare the petition with defence counsel. The form of the meeting inside the institution is in the writing on a meeting between a detained person and a lawyer. The meeting does not take the place of the objection petition. The petition is given separately. Mention of the petition in the meeting minute is not a record that the petition reached the authority. Arrival is read from the file record.

Giving the objection does not stop the detention record by itself. The record changes only with a decision that is newly written. If that decision is not in the file, the detention is not treated as lifted. The date the petition was given is not read as the date of lifting. The date is taken from the transmission and return record. A date that is not in the record is not added. The return record is the day the reviewing authority's decision entered the file. If the decision is not yet there, there is no return either.

Marking the reasoning sentence

The file number, the date of the decision, the authority that gave it, and that the transaction objected to is detention are written in the petition. The number is the number written in the decision. A missing box is not completed. The request is the lifting of this decision. The request sentence does not cover the detention of another file. If another number is not in the petition, that number is not added.

The reasoning is tied to the sentence in the decision. Which sentence does not rest on a concrete fact, or does not meet proportionality, is written by showing that sentence. The name of a document that stands in the file can be placed beside the sentence. If the document is not in the file, it is not mentioned as if the document were there. The statutory list of the conditions of detention is not copied into the petition. The list is in the detention writing. The petition is not a text that retells the statute from the start. The petition shows which line of the decision in hand is objected to.

The decision copy and the service record stand in the annex. The annex list is written at the end of the petition. A paper whose name is not on the list is not treated as attached. If the decision copy is incomplete, the gap appears on the list as well. If it does not appear, the list does not count the copy as complete. If a lighter measure will be discussed, the definition of that measure is in the writing on judicial control. The objection is not turned into the list of obligations of that measure. The list exists only if it is written in the new decision.

The signature is the signature of the person who gives the petition, or of defence counsel. If defence counsel will sign, the authority is read from the power of attorney or the appointment. If there is no authority paper, the signature is not completed as defence counsel's signature. The person's own signature is not shown as if defence counsel were there. If the signature line is blank, the petition is not treated as given. The date is the day beside the signature. If there is no date, a date is not added. If the petition was given through the institution, the number of the institution's receipt is on the petition or on a separate receipt paper. If there is no receipt, the petition is not treated as given. The number on the receipt is not the decision number. The two numbers are read apart.

The service annotation

The service annotation is the back of the detention decision, or a separate certificate. The date of service, the name of the person served, and a signature are looked for in the annotation. The date is the day the decision reached you or your defence counsel. The length of the period is not taken into this text. The period is read from the annotation and the decision. If the decision has a period line, that line is taken as the basis. If the line is blank, a day is not added. A date that is not in the annotation is not created with the petition's sentence.

If there is no signature, the reasoning line is read. The reasoning can write the reason service could not be made. If there is no reason, service is not assumed to have been made. Service made on defence counsel is read together with that writing if that name stands in the appointment or the power of attorney. If there is no authority writing, the defence-counsel annotation is not completed as the person's service. If two annotations show different dates, each date stays on its own line.

If the annotation is not in hand, the period is not treated as having run, and it is not assumed not to have run either. Whatever the piece in hand writes is what is read. If the piece is missing, a piece is not produced. Writing "the service date is this" in the petition does not create the annotation.

If the annotation counts more than one person, each line is its own service. If the defence-counsel line and the person's line show different days, which day is relied on is written expressly in the petition. A single date is not produced as if both days were there. In service made through the institution, the institution's name stands in the annotation. If the name is missing, the institution is not completed. If the envelope of the service papers is in hand, the number on the envelope is compared with the number in the annotation. If the numbers differ, which paper was served is understood from the particulars of the decision inside the envelope. If there are no particulars, the envelope is not tied as service of the detention decision.

The separate page of a request for release

The objection looks at the first decision. A request for release looks at a later fact while detention continues. How that request is built is in the writing on a request for release. Joining the two requests on a single page without a heading erases which path was used. The prosecution's objection is not the person's petition either. The prosecution's writing stands apart in the file. The person's petition does not put the prosecution's writing into an accepted state. The date of the prosecution's writing is not the date of the person's petition.

What is looked for in a request for release is a fact that changed after the first decision. The petition of that fact is not written under this heading. Adding a second request line to the objection paper melts the two paths in a single set of particulars. Which request will be examined is read from the heading of the paper and from the file record. If there is no heading, a request is not assumed. When the reviewing authority's decision comes out, the decision writes the result of the objection. The decision is not read as the result of the request for release. If there are two results, there are two decisions. If one is missing, the other does not take its place.

Conclusion

The objection is the path of review of the detention decision that was given. The particulars, the reasoning sentence, the service annotation, and the place the petition was left are read apart. The definition of the conditions stays in the detention writing. A request for release is a separate paper. A day that is not in the service record is not added. The frame is on the criminal law page. The official text is the provisions of the Criminal Procedure Code No. 5271. The contact page stands for the particulars of the decision.

Legislation

Frequently asked questions

Does the objection petition take the place of a request for release?

It does not. The objection is review against the detention decision that was given. Write the date and the number of the detention decision in the heading of the petition. A request for release made while detention continues is a separate paper. Do not join the two requests on a single page without a heading. Which path will be examined is read from the heading of the paper.

Is the objection period memorised from this writing?

No. The period is written in the decision and in the service record. Read the date in the annotation as the day the decision reached you or your defence counsel. Do not add to the petition a date that is not in the annotation. The length of the period is not derived from the annotation. If the line is blank, a day is not added.

Are the conditions of detention written from the start in the objection petition?

The definition of the conditions is in the writing on the detention decision. The objection marks the reasoning sentence in the decision in hand. Write, by showing that sentence, which sentence does not rest on which document in the file. Do not copy the statutory list into the petition. If the reasoning is not on the paper, do not build a sentence as if the reasoning were there.

Can the authority that gave the decision finish the objection in its own hands?

If it finds the objection well founded, it can correct its decision. If it does not, it sends the file to the authority competent to review it. Give the petition to the authority that gave the decision. The name of the reviewing authority stands in the particulars of the decision and in the transmission record. Do not add a court name that is not written in the record. If there is no transmission record, the file is not treated as sent.

Is judicial control the automatic result of the objection?

It is not. The reviewing authority can continue the detention or lift it. The result is looked for in the decision that is newly written. If there is no decision, the detention is not treated as lifted. If a lighter measure will be discussed separately, the name of that measure is written in the new decision. The objection petition does not build the list of obligations of that measure.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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