Criminal

Police custody (detention)

The deprivation of a suspect's liberty within statutory time limits, pending completion of urgent steps and appearance before a judge.

All terms

Police custody is the temporary deprivation of an arrested person's liberty, ordered by the prosecutor where necessary for the investigation. The measure requires both its necessity for the investigation and concrete evidence indicating the suspicion of an offence.

Custody is subject to statutory maximum periods running from the moment of apprehension, with limited extensions available in collective offences upon the prosecutor's order. The person is informed of their rights, relatives are notified and access to defence counsel is provided. An application may be made to the criminal judgeship of peace against the apprehension and custody to secure release.

At the end of the period the person is either released or brought before a judge with a request for pre-trial detention or judicial control. Unlawful custody is among the grounds expressly regulated for compensation claims against the state. The presence of counsel during statements taken in custody is the most critical safeguard in practice.

Not to be confused with

Tutuklama ile karıştırılmamalıdır: tutuklama hâkim kararıyla verilen ve daha uzun sürebilen bir tedbirdir, buradaki alıkoyma ise savcı kararıyla ve saatlerle sınırlıdır.

Statutory basis

  • CMK m.91

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.