TO THE CRIMINAL COURT
THE DECISION TO CAPTURE
T.C. ID NO :
THE DEFENDER :
SUBJECT : It consists in the supply of an appeal against the decision to capture.
1-) our client …… since ……. He is serving as the headman of the village; .…/…./….. an arrest warrant has been issued against him for aiding and abetting a terrorist organization.
However, the decision in question was taken in accordance with Article 98 of the Criminal Procedure Code No. 5271.on the other hand, it constitutes a violation of procedure and law.
2-) Article 98 of the law No. 5271. in the article “An arrest warrant may be issued by a magistrate at the request of the public prosecutor about a suspect who did not come on call or could not be called during the investigation phase. In addition, in case of an appeal against the decision to refuse the request for arrest, an arrest warrant may also be issued by the appeal authority. according to the regulation in the form of “; Before the decision to arrest is made, the suspect must be called by the court and an arrest decision must be made about the suspect who does not appear before the court on the call. It is against the procedure and the law to issue an arrest warrant against our client who has no knowledge of the crime for the reasons mentioned.
LEGAL REASONS : 5271 P. K. m. 94, 95, 96, 97, 98.
CONCLUSION AND REQUEST: We respectfully request that the arrest decision about the client be lifted for the reasons presented above and that the client’s statement be taken by instruction from the address we have provided is decided by proxy on behalf of our client. …/…/…
DEFENDER OF THE SUSPECT