Criminal law · Legal information

What Is the Evidential Value of a Statement at the Police?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The evidential value of a statement at the police is whether an account taken by the police founds a judgment on its own in the investigation and in the prosecution. The minutes enter the file. Their weight is read together with the document beside them and with the later account. A prison term, and an article number, are not in this article. A sentence in the police room is not itself the court's decision.

How the minutes enter the file

The statement minutes become part of the investigation papers. Identity, capacity, question and answer, a note of silence, and the signature can stand on the same paper. A missing line is not filled of itself with a story recounted later. Whether it was read before the signature is understood from the face of the minutes themselves. That face is in the police minutes article.

How a statement is taken at the police is in the statement at the police article. The difference from the public prosecutor's minutes is in the police and public prosecutor article. The face of the public prosecutor's paper stands in the public prosecutor's minutes article. If the four records come together in the same event, the four texts are kept apart. One is not stuck in place of another.

It is not a judgment on its own

The account being early, tired, or conflicting is debated without taking the minutes out of the file. If the defence-counsel line is blank, that blank is written. The blank does not, in every file, produce a result that erases the account either. The court reads the minutes together with the other evidence. If the camera image parts from the sentence in the minutes, the two records stay side by side.

Service of the indictment is not the subject of this article. The date of service does not of itself raise the evidential weight of the statement. The decision is built from the sentences discussed at the hearing. A single paragraph at the police is not counted as the summary of that decision.

How the account is weighed

The police minutes are read side by side with the account to the public prosecutor and with the account at the hearing. If there is a conflict, it is looked at which sentence was written at which time. A prison term is not written. The address of the office in Çankaya does not change the competent public prosecutor's office for the investigation, or the court. The authority is read from the unit on the papers.

A claim of pressure, of interpretation, or of a signature without reading asks for a concrete line. If there is no line, the claim stays in a general sentence of discomfort. If there is a line, the fit of that line with the other document is asked separately. Fit does not of itself make the account true either.

Two sets of minutes side by side

What was said at the police and what was said to the public prosecutor may not be the same. The difference may be forgetting, a correction, or a new detail. Which it is is not chosen before the date and the sentence of the two sets of minutes are read. A witness account is not a copy of the suspect's account either. Each account stands with its own capacity.

The petition marks the conflicting sentence. The mark does not erase the other side's account. A result of erasure is not in this article. A camera recording that is not in the file is not written as if it were there.

The record beside the account

Beside the police statement stand the camera resolution, a note under the minutes, and any writing by defence counsel. If these three do not recount the same event, the difference is not closed. The difference itself does not announce the account as true or false. The announcement is built separately, after it is read together with the other document. If the other document is missing, there is only the sentence in the minutes, and that sentence is not a judgment on its own either. That it is not a judgment does not mean the sentence will be taken out of the file.

The suspect and the witness may have been heard one after the other in the same room. Being one after the other does not mean the accounts copied each other. A claim of copying shows the similarity of the sentences from the two sets of minutes. If there is no similarity, the claim remains a general suspicion. If the interpreter line is blank, the person's language is written separately in the file. If it is not written, a debate about interpretation is not assumed. A debate that is not assumed does not of itself make the account invalid either.

The evidential value of a police statement is not tied to a capacity before these neighbouring records are read. The capacity, as suspect, witness, or victim, is at the head of the minutes. If the heading and the account conflict, the heading is debated as well. The conflict is not turned into a prison outcome here. There is no period that has been converted. The period is looked for in the text of the judgment itself, and this article does not fill that text. If a neighbouring record is missing, the gap is written. A gap that is written does not take one out of discussing the minutes in hand. A gap that does not take one out does not, on its own, raise the weight of the account either.

Conclusion

A police statement is a candidate for evidence. It is not an outcome on its own. A lawyer in Ankara does not draw the weight of the account from a single sentence. The frame is on the criminal law page. There is no promise of an outcome.

The basis is the Code of Criminal Procedure, Law No. 5271.

Legislation

Frequently asked questions

Is a police statement enough on its own in court?

It does not found a judgment on its own in every file. It is read together with the other documents and accounts. No prison term is stated in this article.

If the police minutes and the public prosecutor's minutes conflict, which one is erased?

Both stand in the file. The conflicting sentences are placed side by side. One is not treated as absent of itself.

What happens to a statement said to have been taken irregularly?

A claim of loss of a right is read from the time, the signature, and the defence-counsel line in the minutes. There is no treating it as absent from memory.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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