What is a Warrant for Compulsory Appearance?

What is a Warrant for Compulsory Appearance? | Izmir Criminal Lawyer

What is a Warrant for Compulsory Appearance?

A warrant for compulsory appearance is a decision issued by judges or prosecutors to allow them to hear individuals involved in the case before judicial authorities or to gather other evidence in order to facilitate the progress of the case or investigation and uncover the material truth. A warrant for compulsory appearance can be issued against individuals such as defendants, suspects, complainants, complainants, victims, witnesses, or expert witnesses. Generally, before issuing a warrant for compulsory appearance, a duly served summons is issued to the individuals listed above. This summons is served to the parties. The summons states that a warrant for compulsory appearance will be issued if the summons is not complied with. A warrant for compulsory appearance is issued against individuals who do not appear to give their statement on the specified date, even if they have received a duly served summons. While this is the general procedure, issuing a summons before issuing a warrant for compulsory appearance is not mandatory. A warrant for compulsory appearance can be issued directly without any prior summons. The term "compulsory appearance warrant" can be replaced with "..."“summons”" or "“summons”The terms "forced appearance" are also used. Since the institution of forced appearance is regulated in the Code of Criminal Procedure and the Code of Civil Procedure, it can be used in both criminal and civil proceedings.

Code of Criminal Procedure (CMK)
Calling Witnesses
Article 43 – (1) Witnesses are summoned by summons. The consequences of not appearing are stated in the summons. In cases involving detainees, a warrant for compulsory appearance may be issued for witnesses. The suspect or defendant summoned by a warrant for compulsory appearance shall be brought before the summoning judge, court or public prosecutor immediately, or, if this is not possible, within twenty-four hours at the latest, excluding travel time, and shall be interrogated or his statement taken.
Forced Appearance of the Suspect
Article 199 – (1) The court may at any time decide to have the defendant present and to bring him in by force or by arrest warrant.  

Code of Civil Procedure (HMK)
Obligation to Comply with the Call
Article 245- (1) Except as specified in the law, everyone summoned to testify must appear. A witness who fails to appear without giving an excuse after being duly summoned shall be brought by force., He will be ordered to pay the expenses incurred due to his failure to appear, and a disciplinary fine of up to five hundred Turkish Lira. If a witness who was forcibly brought to court later provides reasons justifying their previous absence, the costs and disciplinary fines imposed against them will be waived.    

A warrant for compulsory appearance can be enforced for the duration necessary to perform the requested action. Once the action is completed, the warrant for compulsory appearance automatically ceases without requiring any further action. This is especially true for warrants for compulsory appearance with a specific date; for example, when a labor court judge issues a warrant for compulsory appearance to a person to be heard as a witness in a labor case, the warrant specifies the date and time of the hearing. If the judge issues a warrant for compulsory appearance for a witness to be heard at the next hearing on January 20, 2021, and that hearing is on June 15, 2021, this warrant is only enforceable between January 20, 2021, and June 15, 2021. Even if the witness is not brought to court on June 15, 2021, this warrant will automatically cease to apply. A new warrant will be required if necessary.

Sometimes, a warrant for compulsory appearance may be issued for an indefinite date. In such a case, the person for whom the warrant is issued must be brought to the place where the proceedings will take place or to the courthouse as soon as they are apprehended. Since this type of warrant involves a physical interference with the person's liberty, the detention and release periods stipulated by law must be observed for the person forcibly brought in. According to Article 164, paragraph 4 of the Code of Criminal Procedure; the person summoned by a warrant for compulsory appearance shall be brought before the issuing judge, court, or public prosecutor immediately, or, if this is not possible, within a maximum of 24 hours, excluding travel time, and shall be interrogated or their statement taken.

Procedure for Issuing a Compulsory Appearance Order

The court sends a summons to the nearest police station to request that the person be brought in for questioning. Police officers at the station then contact the person (witness, complainant, defendant, expert) by phone or visit their home to invite them to give a statement. However, contrary to what might be misunderstood, a forced arrest is generally not carried out.

A warrant for compulsory appearance does not violate a person's right to inviolability of their home. For example, police or gendarmes who go to a residence to apprehend a person with a warrant for compulsory appearance do not have the authority to enter the residence. A separate search warrant is required to conduct a search of a home without committing a crime of violating the right to inviolability of the home. If the person is in a public area, such as a street, park, hospital, school, or shopping mall, the warrant for compulsory appearance can be executed by detaining the person.

Arrest warrants do not appear in the GBT (General Background Check) system. However, if an arrest warrant is not complied with, the police will file a report. If many reports are filed and the judge insists on hearing the person's testimony, the arrest warrant may be converted into an arrest warrant. The procedure for an arrest warrant differs from that for an arrest warrant, and arrest warrants are recorded in the GBT system.

For legal advice on this matter, please contact our expert team. Contact page.

Other works that may be of interest to you;

Izmir Criminal Lawyer

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: info@efeshukuk.com

Phone: +90 534 415 52 56