Criminal law · Legal information

Is It Possible to Refuse a Statement at the Police?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Refusing to give a statement at the police is the use of the right to remain silent at the law-enforcement stage, and that silence is not an acceptance of guilt. Questions about the charge, and procedural questions such as identity, are not the same line. The day of police custody, and any prison term, are not tied to a figure in this text. No conclusion is reached before the original minutes have been seen.

An account given at the police, and the choice to stay silent, are not written in place of each other on the same paper. A person may answer some questions and leave others silent. Which choice was written is read from the sentence in the minutes. A claim of "I said it aloud", if it is not on the paper, is treated as not having entered the record. If there is a claim of pressure, a doctor's note or a note by defence counsel stands separately.

Silence is not guilt

Silence is the person not giving an account of the charge. That choice does not mean the event was accepted, and it does not produce a conviction. An officer's sentence of "if you talk, your matter will be easier" does not of itself have the silence withdrawn. The minutes should write openly that silence was used. Silence that was not written is not filled in with a sentence remembered later.

A partial answer is not answering every question. If the question that was answered and the question that was left silent are dissolved in the same paragraph, the minutes become unreadable. The petition later separates which line is an answer and which line is silence. The separation cannot be made without the original minutes. The document should show the question and the answer side by side. A line that does not stand side by side is not counted as a completed record of silence.

How silence is written in the minutes

The frame of an account given at the police sits in the statement at the police record. If silence was used, that sentence is entered in the minutes. A page signed without that entry does not of itself mean that silence was never used. A signature is not approval of a page that was not read. A wrong line is had corrected, and the correction is not left to an oral promise.

If there is a claim of pressure or exhaustion, a trace of it may also stand in a document outside the minutes. A doctor's note, or a note by defence counsel, does not stand in for the law-enforcement sentence. The two documents are read side by side. One does not of itself erase the other. The decision is not reached by looking only at the law-enforcement sentence, and a note outside the minutes does not, on its own, take the place of the ruling.

A question of identity and the charge are separate

Identity, address, and similar procedural questions are not the question of how the event happened. A person may answer a procedural question and stay silent about the charge. If the minutes do not show this distinction, it is not right to treat every answer as acceptance of the event. Which question was asked is read with the order on the paper. If the order is broken, a missing page is not accepted as a completed account.

The day of police custody is not written in this distinction either. The record of a statement in police custody sits under statement in police custody. Staying silent at the police does not, from this text, lengthen or shorten the period of the custody measure. The period is read from the measure's own document. This article does not add a day to that document, and it does not produce a prison term either.

Defence counsel and the public prosecutor's session

Defence counsel being present sits in the right to defence counsel record. Counsel helps the person read whether the line matches what the person recounted. An answer given in haste while counsel is absent does not of itself have the right to silence treated as used. A request for counsel is not read as if it had never existed, before the request is entered in the minutes.

Silence before the public prosecutor is a separate session, and it sits in the silence before the public prosecutor record. The police minutes are not a copy of the public prosecutor's minutes. A lawyer in Ankara separates, from the minutes, the fact that the office being in Çankaya does not change the competent authority. The office in Çankaya does not choose the unit where the statement was taken. The step is read from the place where the minutes were drawn up. The name of the district does not of itself open the public prosecutor's session.

How silence is read from the minutes

Refusing a statement at the police is read from the line of silence in the police minutes. That silence is not counted as an acceptance of guilt, or as a prison term, and the day of police custody is not fixed in this text. A question of identity and a question about the charge are not dissolved in the same sentence, and the public prosecutor's session is not counted as a copy of the police paper.

Conclusion

Refusing a statement at the police is the right to remain silent there, and it is not a finding of guilt. A question of identity, the charge, and the public prosecutor's session are separate lines. The day of police custody and any prison term are not written. The frame sits on the criminal law page. The basis is the Code of Criminal Procedure, Law No. 5271.

Legislation

Frequently asked questions

Does staying silent mean accepting guilt?

No. Silence at the police is not being compelled to give an account of the charge. The silence is written openly in the minutes. A finding of guilt does not of itself come out of this record.

Is staying silent before the public prosecutor the same session?

No. A statement to the public prosecutor is a separate session. Silence used at the police does not of itself stick to the public prosecutor's minutes. Each set of minutes is read from its own line.

Is a question of identity the same as a question about the event?

It is not. Procedural questions, such as identity, and questions about the charge stand apart in the minutes. Which of them was answered is read from the line on the paper.

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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