Criminal proceedings consist of two distinct phases: the investigation phase and the prosecution phase (criminal case). The court’s decision following the filing of a criminal case is called a verdict.
In criminal proceedings, the suspect’s statement is taken during the investigation phase, while the victim or complainant’s statement is taken. During the prosecution phase, the defendant is interrogated by the trial officer and the competent criminal court.
According to Law No. 5271 on Criminal Procedure, statements can be taken by law enforcement or the public prosecutor. If the suspect is a minor, the statement of a minor who has been dragged into a crime cannot be taken by law enforcement agencies such as the police or gendarmerie. In this case, the statement of a minor who has been dragged into a crime as a suspect must be taken by the public prosecutor. For law enforcement, only identification of the minor can be done.
A complaint or criminal complaint, which marks the beginning of the investigation phase, can be filed directly with the Public Prosecutor’s Office or with law enforcement agencies such as police stations or police departments. Subsequently, evidence must be collected quickly, the suspect’s statement must be taken immediately, and statements from the victim or complainant and witnesses must be taken.
During the investigation phase, the suspect, and during the prosecution phase, the defendant, may request the presence of a lawyer (counsel) during their interrogation and questioning, but may refrain from giving statements without a lawyer present.
The police or the Public Prosecutor questioning a suspect about a crime is considered a statement. The statement must be taken in writing. While verbal conversations and oral statements are difficult to prove, the information obtained can often be used in the course of the investigation.
The person whose statement is taken is summoned pursuant to Articles 145 and following of the Code of Criminal Procedure. The summons must include the reason for the person’s statement, namely the crime they are accused of, the status in which their statement will be taken (e.g., eyewitness status), and the possibility that they may be brought in by force if they refuse to accept the summons. If they are summoned but refuse to attend, or if there is an arrest warrant or arrest warrant against them, they may be brought in by force. According to the PVSK, in investigations conducted by the police and currently under preparation, the police may summon individuals to take their statements. However, the police do not have the authority to compel them to do so.
During the taking of the suspect’s statement, a law enforcement officer must be present to ask questions and a clerk to answer the questions. If the statement is taken by the Public Prosecutor, the Public Prosecutor and the clerk are present during the taking of the statement. In addition to the statement taken by the law enforcement, the Public Prosecutor may sometimes ask the suspect to give a new statement if the Public Prosecutor deems the statement insufficient for the investigation.
Article 147 of the Code of Criminal Procedure stipulates that during interrogation or interrogation in court, the suspect or defendant has the right to remain silent, that they can present evidence in their favor and request a subpoena, that they can hire a lawyer, that if they cannot afford it, they can request it from the bar association in their city, that they must provide accurate identification information or they will be considered a crime, and that an explanation of the alleged crime and the incident is explained and reminded, and recorded in the minutes.
One of the most notable rights here is the “right to remain silent.” The suspect or defendant may refrain from giving statements. While the right to remain silent can be beneficial in cases where confidentiality is imposed or the trial file is not available, it can also lead to negative evaluations. However, contrary to the legal principle that “silence does not constitute an admission,” public prosecutors and criminal courts can sometimes form negative opinions about suspects or defendants who exercise their right to remain silent.