Pre-trial detention and catalogue offences

Pre-trial detention is not a penalty but a protective measure applied during proceedings. It may be ordered by a judge where there is concrete evidence of strong suspicion of an offence and a ground for detention (CMK 100/1).

Proportionality

Detention may not be ordered if it is disproportionate to the importance of the case or to the expected penalty or security measure.

Grounds for detention (CMK 100/2)

• Concrete facts that raise the suspicion that the suspect or defendant will flee, go into hiding or abscond.
• Strong suspicion that the suspect or defendant will attempt to destroy, conceal or alter evidence, or to put pressure on witnesses, victims or others.

Catalogue offences (CMK 100/3)

If there is strong suspicion based on concrete evidence that one of the following offences has been committed, a ground for detention may be presumed. The main offences under the Penal Code are:

• genocide and crimes against humanity,
• migrant smuggling and human trafficking,
• intentional killing (TCK 81, 82, 83),
• intentional injury against a person unable to defend themselves, with a weapon or with monstrous cruelty, and injury aggravated by its consequences,
• torture,
• sexual assault other than under the first paragraph, and sexual abuse of children,
• theft and robbery,
• manufacture and trafficking of narcotic or stimulant substances,
• forming an organisation to commit offences,
• offences against the security of the state and the constitutional order.

The list also includes weapons smuggling under Law No. 6136, offences punishable by imprisonment under the Law on Combating Smuggling, and certain offences relating to cultural property.

Detention is not mandatory for catalogue offences; the judge still decides on the basis of concrete evidence and proportionality.