Giving a Statement to The Police in Turkey

Giving a statement to the police , one of the initial and critical stages of criminal proceedings in Turkey, is used by law enforcement agencies to gather information during investigations. In this delicate process, there are rights for the person giving the testimony and some important points to pay attention to.

In this article, we will address the procedure for giving statement at the police station, what to be mindful of, and the process following the testimony. You will gain comprehensive information about the statement-giving process detailed in articles 145 and subsequent articles of the Criminal Procedure Code, as well as the Regulation on Arrest, Detention, and Giving statement

 

What Does Being Called for Statement Mean in Turkish Law?

Being called for a statement means being invited to the police station or prosecutor’s office by law enforcement agencies to gather information within the scope of a criminal investigation. This invitation can be made through an official summons or by phone. The invitation specifies the place, date, and time where the statement will be taken.

Things to Consider Before Going to Give Statement in Turkey

It is important to consult with a lawyer before going to give a statement. Your lawyer can help you understand your rights and provide information on how to behave during the statement.

– You must arrive at the place where the statement will be taken on time. If you’re delayed or fail to attend, a warrant for your arrest may be issued.

– You must have your identification document with you.

– It is important to behave calmly and maturely. You should be respectful and polite to law enforcement.

– You should answer the questions asked openly and clearly. If you don’t understand a question, don’t hesitate to ask.

– You must not lie or conceal the truth. Otherwise, you may face legal consequences.

– Remember that you have the right to remain silent. If you don’t want to give a statement or answer questions, you can exercise your right to remain silent.

– You may request that your statement be accurately recorded in the minutes. If you notice any missing or incorrect information in the minutes, you may request corrections.

– You should carefully read the statement before signing it. If you have any doubts or objections, it’s important to express them before signing.

 

Giving a Statement is Mandatory in Turkey?

No, there is no requirement to give a statement. A suspect or defendant can exercise their right to remain silent by stating that they do not wish to give a statement or answer questions.

What is a Turkish Statement Lawyer?

A statement lawyer is an attorney who accompanies a suspect or defendant during the statement-giving process, safeguarding their rights and providing guidance on how to conduct themselves during the statement.

Validity of the Giving Statement and Right to Amend

After giving a statement, you may realize there’s something on your mind or that you made mistakes in your answers. In such cases, here’s what you need to know about the validity of your statement and your right to amend it:

Validity of your statement: Your statement is considered valid unless unlawful practices such as coercion, threat, or deception are used by law enforcement during the statement-giving process. Having your lawyer present during the statement helps prevent unlawful practices.

Right to amend your statement: After giving a statement, if you remember something or realize there was a mistake in your answers, you have the right to amend your statement. In this case, you can inform the law enforcement officials who took your statement that you wish to repeat your statement, explaining the situation. Your new statement will be recorded, referencing your previous statement, and indicating that a correction has been made.

Duration of Statement in Turkey

There is no specific time limit legally set for giving a statement. However, law enforcement authorities are obliged to complete the statement-taking process within a reasonable time. This period may vary depending on the complexity of the investigation, the number of questions to be asked, and the health condition of the suspect or defendant. Generally, the statement-giving process is completed within a few hours.

What Happens If I Am Not Go to the Police Station or Prosecutor’s Office to Give Statement?

If you are called to give a statement but fail to attend, a warrant for your arrest may be issued. In this case, law enforcement authorities may forcibly bring you in for the statement. If you have a specific reason for not being able to go (such as illness or accident), you should inform the law enforcement authorities and provide supporting documents.

Is Giving a Statement Recorded Official Archive?

No, being called to give a statement at the police station or prosecutor’s office, or giving a statement, is not recorded in any way in your criminal record. However, if you decide not to give a statement and a warrant for your arrest is issued, this decision may be recorded in the General Information Query (GBT) system maintained by the police. This record does not carry any legal consequences.

The Importance of and Things to Note in the Statement Record

After giving a statement, be sure to read the statement record carefully. The record is the official record of your statement and can be used as evidence in court. Therefore, the accuracy and completeness of the record are crucial. Let’s look at what you should pay attention to in the record:

Information in the record: Your identification information, the accusation against you, the questions asked, your answers, the date of completing the statement, and your signature should all be included in the record.

Accuracy and completeness: The information in the record should fully correspond to what you said. If you notice any errors, omissions, or inaccuracies, request a correction. Ensure that your corrections are added to the record.

Right to object: You have the right to object to any information in the record. You may request that your objection be added to the record. This way, you can substantiate your objection during the court proceedings.

Psychological State After Giving a Statement

Giving a statement, especially if you are directly involved in a crime, can be a stressful and tense process. You may feel exhausted after giving a statement. In such cases, it is important to take some time for yourself and engage in stress-reducing activities. Talking to your family and friends, going for a walk, or reading a book can help you relax. Don’t hesitate to seek psychological support if needed.

Continuation of the Legal Process after Giving a Statement in Turkey 

After your statement is taken, the investigation process continues. Law enforcement authorities gather the necessary evidence and present it to the prosecutor. The prosecutor may then decide to prepare an indictment based on the collected evidence and your statement or decide not to prosecute.

Issuing of the indictment: If the prosecutor believes that there is sufficient evidence, they will prepare an indictment. The indictment details the crime and the evidence in detail. The indictment is then sent to the court.

Decision of non-prosecution: If the prosecutor believes that there is insufficient evidence, they may decide not to prosecute. Until this decision becomes final, you have the right to appeal.

Questions and Answers Regarding Giving a Statement in Turkey

In this section, you can find frequently asked questions and answers about giving a statement.

The police called me on the phone; do I have to go to give a statement?

While a statement invitation by phone is legal, it is not mandatory to go to give a statement. However, if you do not go to give a statement, a warrant for your arrest may be issued.

What happens if I refuse to give a statement?

You have the right to refuse to give a statement. In this case, you are exercising your right to remain silent. However, your decision to remain silent cannot be interpreted against you.

Can I give my statement in the presence of a lawyer?

Yes, you can request the presence of a lawyer during the statement-giving process. Your lawyer will inform you about your rights and assist you during the statement-giving process.

I realized I made a mistake in my statement after giving it. What can I do?

If you realize that you made a mistake in your statement, you can inform the law enforcement officials who took your statement that you wish to repeat your statement. Your new statement will be recorded, referencing your previous statement, and indicating that a correction has been made.

Can I be forced to undergo interrogation while giving a statement at the police station?

No, coercion, threat, or deception cannot be used during the statement-giving process. If you encounter such a situation, you should consult with a lawyer to protect your rights.

What happens after I give my statement?

After your statement is taken, the investigation process continues. Law enforcement authorities gather the necessary evidence and present it to the prosecutor. The prosecutor may then decide to prepare an indictment based on the collected evidence and your statement or decide not to prosecute.

Misconceptions About Giving a Statement in Turkish Law

– Refusing to give a statement is a sign of guilt.

No, refusing to give a statement is not a sign of guilt. In this case, you are exercising your right to remain silent.

– Will I be arrested if I don’t go to give a statement at the police station?

If you fail to go to give a statement, a warrant for your arrest may be issued. However, not going to give a statement does not always mean you will be arrested. The prosecutor may decide to issue a warrant for arrest or not after evaluating the situation.

– Do I have to prove my innocence after giving my statement?

No, the presumption of innocence is fundamental in our Turkish Penal Code. The burden of proving your guilt lies with the Public Prosecutor.

Additional Information Regarding Giving a Statement

To further enhance your knowledge on the subject, here are some additional details regarding giving a statement:

Juvenile Offenders: Children under the age of 15, even if they are suspects, have their statements taken not by law enforcement but in the presence of a Public Prosecutor or

a judge. During this process, children have the right to be accompanied by a legal representative or a lawyer.

Statements of Foreign Nationals: The statements of foreign nationals are taken through an interpreter. The person has the right to bring their own interpreter.

Anonymous Testimony: Under the Criminal Procedure Code, anonymous testimony is possible in certain cases. An anonymous witness is a person who gives a statement while keeping their identity confidential. This practice is considered when it is deemed necessary for the elucidation of the crime.

Conclusion

In this article, the statement-giving process in Turkey, points to consider, and the post-statement process were discussed. Remember, while giving a statement is an important step, it is not the sole part of the legal process. Knowing your rights and seeking the assistance of a lawyer when necessary will help you navigate this process more comfortably.

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