In the Criminal Procedure Code; It is stipulated that in every phase of the investigation and prosecution stages it may be desirable to release the suspect or accused. (CMK m.104 / 1) The continuation or release of the suspect or accused in custody shall be decided by a judge or a court. These decisions can be challenged.

The first stage of judicial proceedings has been completed and the decision on the request for release when the file arrives at the Regional Court of Justice or the Supreme Court shall be issued after the examination on the file by the Regional Court of Justice or the Supreme Court of Appeals or the Supreme Court of Appeals General Assembly; this decision may also be granted (CMK m.104 / 3)

Criminal files, which come to the Supreme Court stage, come first to the Chief Public Prosecutor of the Supreme Court of Appeals. The file of the Supreme Court of Chief Public Prosecutor’s Office is recorded and a notification number is given to the file. The file is tracked through this number. The file is then sent to the archive to wait for the review order. The file is distributed to the Public Prosecutor. After examining the file, the Chief Public Prosecutor of the Supreme Court of Appeals shall be submitted to the relevant Supreme Court of Appeals along with the file notification number. As all these steps take long, this situation constitutes a great victimization for the defendants who are unjustly detained.

This is the case; In the criminal case files that came to the stage of the Supreme Court, it is a question of whether the defendant should be sent to the relevant department for a request for the release of the defendant.

Article 104/3 of the CMK includes; When the case comes to the regional court or the Supreme Court of Appeals, the decision on release shall be issued after the examination of the file by the regional court or the Supreme Court of Appeals or the Supreme Court of Appeals General Assembly. It was called. As can be understood from the wording of the article, the file to the Supreme Court (not the relevant circle) will be enough to request the release of the file, the file will not need to be expected to come to the relevant office. it should be given after the examination. Again, the same article di is given after the examination on the file inden as the expression of the request to be examined by means of the file (ie, the file came from the court of first instance) stated that the decision should be made.

As a result, we believe that even if the file is still waiting at the stage of the Supreme Court of Chief Public Prosecutor’s Office in the criminal case files, which are submitted to the Supreme Court of Appeals stage, the case cannot be made.

T. C. SUPREME COURT 1st Criminal Department E. 2005/3139, K. 2006/79, T. 1.5.2006

ABSTRACT: About 104/3 of CMK. In accordance with the review of the file must be decided on.

DAVA: Convicted Ş. With the petition dated 25.04.2006 sent by U., the file was examined according to the new TCK and the evacuation was requested.

The Supreme Court of Appeals has asked the Supreme Court of Appeals dated 10.06.2005, 13.06.2005 remittance and dated 2004 / 236797-1 with the reasoned opinion of the Supreme Court of Appeals of the Republic of Turkey. about the eviction requests made by CMK. Article 11 of the same law does not cover the examination of the Supreme Court of Appeals and it has been observed that there is no opinion on the request of the Supreme Court of Appeals.

This opinion of the Chief Public Prosecutor’s Office of the Supreme Court of Appeals has been examined with a view to limiting the file evacuation request which is not in the order of appeal examination:

CONCLUSION: It was decided unanimously on the date of 01.05.2006 that the request for eviction according to the amount of the punishment imposed on the defendant and the time spent in detention.