Criminal proceedings consist of two separate stages: the investigation stage and the prosecution stage(criminal case). The decision made by the court after the opening of the criminal case is called a judgment.
From the point of view of criminal procedure, the statement of the suspect is taken during the investigation stage, while the statement of the victim or complainant is taken. At the stage of prosecution, the accused is questioned by the official and authorized criminal court that conducts the trial.
According to the Criminal Procedure Code No. 5271, the statement is made by law enforcement agencies or C. It can be obtained by the prosecutor’s office. If the suspect is underage, the statement of the child dragged into the crime will not be taken in institutions such as the police, gendarmerie, which perform law enforcement duties, if the suspect is underage. In this case, the testimony of the child who was dragged into the crime as a suspect C. It must be obtained by the prosecutor. Identification can only be carried out in the light of law enforcement in relation to a minor.
The complaint or criminal complaint, which is the beginning of the investigation stage, is sent directly to C. It can be done to the Prosecutor’s Office, as well as to law enforcement agencies such as the police station, the police department. After that, it is necessary to quickly collect evidence and take the statement of the suspect in the heat of the heat, apply for the statement of the victim or complainant and apply for the statements of witnesses.
During the investigation phase, the suspect may request the presence of his lawyer (defense counsel) in the defendant’s statement and interrogation if he is in the prosecution phase, and he may refrain from making statements without his defense.
Bet you’ve committed a crime, cop or C. Asking a suspect a question by his prosecutor is considered a deposition. The statement received must necessarily be received in writing. Although it is difficult to prove the healer’s speeches and oral statements received, it is often possible to use the information obtained in terms of the course of the investigation stage.
The person whose statement is applied for is invited with a call paper in accordance with articles 145 and the continuation of the Code of Criminal Procedure. The reason for referring to the person’s statement in the content of the call sheet, in other words, the alleged crime, informing in which capacity his/her statement / statement will be taken (for example, an eyewitness), may be brought by force if he/she does not comply with the invitation. Anyone who is called upon but does not participate in the invitation, has an arrest warrant or an arrest warrant against him, may be brought by force. In accordance with the PVSK, it is possible to be called by the police to refer to the statements of people during preparatory investigations conducted before the police. However, in this context, the police do not have the authority to bring it by force.
There should also be a law enforcement officer and a yazman law enforcement officer who will answer the questions to be asked during the deposition of the suspect whose testimony is being referred to. C of the Statement. If it is taken by the prosecutor, C. He has a prosecutor and a clerk. Except for the statement received by law enforcement, C. It is also observed that sometimes the suspect applies for a re-statement if his prosecutor does not find the statement sufficient in terms of the investigation.
147 of the Code of Criminal Procedure. in the article in the query expression or the right to remain silent before the court the evidence in favor of the suspect or the defendant can point to, and you can request a subpoena, hire a lawyer, but couldn’t afford it unless where it is located in the town may request from the bar as such, need to declare the credentials correctly, otherwise the crime committed in the case where the explanation of crime and discusses the Isnad of the event, recalled and recorded.
One of the most notable rights here is the “right to be silent”. The suspect or the accused may refrain from making a statement. The right to silence can benefit in cases where a confidentiality decision has been made or the trial file has not been mastered, and sometimes it can cause negative evaluations. Velev ki, C. Public prosecutor’s offices and criminal courts are not considered to be “Silent confession” contained in the doctrine.”Contrary to the principle, they may sometimes use a negative opinion about the suspect or defendant who uses the right to remain silent.
It is necessary to judge, legally examine and evaluate the investigation or prosecution file before the statement, statement or interrogation before the court in terms of the correct exercise of the right of defense. Therefore, it is absolutely necessary to examine and examine the current file relationship in an accurate statement or query strategy. Instead of making contradictory statements in terms of the criminal trial process, a 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, for the proof of innocence, the crime plot should be taken into account in every crime attributed and the evidence in favor should be presented in accordance with the nature of the crime. It is important to contact the board directly with the suspect and the accused, such as testimony and interrogation. For example, a judge who asks the defendant about his previous contradictory statements during the interrogation of a defendant who has made contradictory statements then aims to eliminate the contradiction and reveal the facts assumed to be hidden by the defendant.