Criminal proceedings consist of two separate phases, the investigation phase and the prosecution phase (criminal case). The decision of the court following the opening of the criminal case is called the verdict.
In terms of criminal procedure, while the suspect’s statement is taken at the investigation stage, the victim or complainant’s statement is taken. During the prosecution phase, the accused is questioned by the authorized and authorized criminal court.
The statement can be taken by the law enforcement or the C. Prosecutor according to the Criminal Procedure Code No. 5271. If the suspect is under age, the statement of the child dragged into crime in institutions such as the police and gendarmerie will not be taken. In this case, the statement of the child dragged into crime as a suspect must be taken by the C. Prosecutor. Only identification can be made in the eyes of the law enforcement regarding the minor.
A complaint or criminal complaint, which is the beginning of the investigation phase, can be made directly to the C. Prosecutor’s Office or to law enforcement officers such as police stations and police departments. Afterwards, it is necessary to collect the evidence quickly, to take the statement of the suspect in the heat, to refer to the statement of the victim or complainant and to the statements of the witnesses.
During the investigation phase, the suspect, and during the prosecution phase, the accused may request his/her lawyer (his defense counsel) to be present during his/her statement and interrogation, and may refrain from making a statement without his/her lawyer.
Asking a question to the suspect by the police or the C. Prosecutor on the grounds that he has committed a crime is considered as taking a statement. The statement must be taken in writing. Although it is difficult to prove verbal speeches and oral statements, it is generally possible to use the information obtained in terms of the course of the investigation phase.
The person whose statement is taken is invited with a summons in accordance with the Articles 145 of the Code of Criminal Procedure and the following. The content of the invitation sheet includes the reason for the person’s statement, in other words, the alleged crime, the capacity to declare his/her statement/statement (for example, an eyewitness), and if he/she does not respond to the invitation, he/she can be brought by force. Those who do not attend the invitation even though they are invited, and who have an arrest warrant or arrest warrant, may be brought by force. Pursuant to PVSK, it is possible for the police to be summoned by the police in order to refer to the statements of individuals in the investigations made before the police and which are under preparation. However, in this context, the police do not have the authority to bring them by force.
There should be a law enforcement officer and a clerk law enforcement officer who directs the questions to be asked during the taking of the statement of the suspect whose statement is taken. In case the statement is taken by the C. Prosecutor, the C. Prosecutor and his clerk are present during the taking of the statement. Apart from the statement taken by the law enforcement, it is seen that sometimes the suspect applies for a re-declaration if the C. Prosecutor finds the statement insufficient for the investigation.
In Article 147 of the Criminal Procedure Code, the suspect or the accused has the right to remain silent during the deposition or interrogation before the court, he can show the evidence in favor and request his summons, he can hire a lawyer, if his financial situation does not allow, he can request from the bar association in the city where he is located, he must declare his identity information correctly. Otherwise, he will be deemed to have committed a crime, the alleged crime and the event are explained, reminded and recorded in the report.
One of the most striking rights here is the “right to remain silent”. The suspect or the accused may refrain from giving a statement. The right to remain silent can be beneficial in cases where a confidentiality decision is made or the case file is not dominated, and sometimes it can lead to negative evaluations. Moreover, in the doctrine of C. Prosecutor’s Offices and criminal courts, “Silencing is not considered a confession.” Contrary to their principle, they may sometimes use a negative opinion about the suspect or the accused who uses the right to remain silent.
Before the statement, the statement or the questioning before the court, it is essential to have a good command of the investigation or prosecution file, to examine and evaluate it legally in terms of the correct execution of the right of defense. Therefore, it is absolutely necessary to examine and examine the existing file content in a correct statement or query strategy. Instead of making contradictory statements in terms of the criminal trial process, the statement/statement should be given in simple and not too long sentences. According to the presumption of innocence, everyone is innocent until proven guilty. However, in every crime charged with proving innocence, the plot should be taken into account and the evidence in favor should be presented in accordance with the nature of the crime. It is important to connect the suspect and the accused directly to the board, such as deposition and interrogation. For example, the judge, who asked the accused about his previous contradictory statements during the interrogation of a defendant who made contradictory statements, wanted to eliminate the contradiction and reveal the facts that were supposed to be hidden by the accused.
