Criminal law · Legal information

Is There a Witness Statement at the Police?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A witness statement at the police is the police account of a person who recounts what they saw or what they know. It is not a suspect's statement. Capacity is read from the summons. The prison term and an article number are not in this text. A signature, before the minutes are read, is not accepted as the whole of what was recounted. A guess and what was seen are not joined in the same sentence.

The capacity on the summons

If the summons paper says witness, the account is taken in the capacity of a witness. If the paper says suspect, this heading is not a copy of that session. The distinction between suspect, witness and victim stands in the difference of capacity record. The frame of a summons to the station stands in the summons to the station record. The two papers may not carry the same capacity. Capacity is read from the document in hand.

A capacity that is not written on the summons is not added to the witness minutes. An endorsement of service can show which day the summons arrived. If there is no endorsement, the day is not invented. The day is not written in place of a prison term either. The term and an article number are not here.

What was seen, and a guess

A witness recounts what they saw or what they know. "I heard" and "I saw" are not the same sentence. If a guess is entered in the minutes as what was seen, a contradiction arises at a later session. The contradiction is read from the minutes' own line. A contradiction is not invented while there is no line.

The frame of preparation before a statement stands in the before giving a statement record. Preparation does not make the witness a suspect. The pace of a suspect's statement stands in the statement at the police record. The minutes of the two sessions are not put in each other's place. The witness is not written as if they had taken on someone else's offence. If there is no sentence of taking it on in the minutes, it is treated as not being there.

A correction in the minutes, and the signature

An exaggerated sentence and a missing sentence are corrected before the signature. A signature made without reading is not treated as having completed a sentence that was not recounted. The place of the signature and the endorsement of the correction stand in the signing the minutes record. A missing page is not accepted as a completed statement. If the page number does not match, the place that does not match is described.

The correction is written in the margin of the minutes. If the margin is blank, a sentence added later is not treated as having been said at that session. The petition does not of itself change minutes that were signed. The petition should show which line is wrong. The whole of the minutes is not declared void without that being shown.

Being heard again in court

A witness can also be heard in court after the police. If the first account and the account at the hearing conflict, the contradiction is read from the two sets of minutes. The contradiction is not, on its own, a conviction. The decision comes out of the file as a whole. A prison term is not invented from this contradiction. An article number is not written here either.

Whether the witness's oath was asked separately at the hearing is read from the hearing minutes. The signature on the police minutes does not stand in for the oath minutes. If the two documents are mixed, the capacity in which the person spoke is lost.

If the witness heard the event from someone else, they recount the person they heard it from. If that person's name is not in the minutes, it is left as not being there. A name is not invented. The place that was seen, the time and the direction are written in the witness's own sentence. If the officer's summary sentence has taken the place of the witness's sentence, that difference appears in the minutes. If it does not appear, the summary is not accepted as a word-for-word account. The witness can have this summary corrected while reading it. If there is no endorsement of the correction, the endorsement is not treated as having been there later.

If more than one witness recounts the same event, each set of minutes is separate. One person's sentence is not carried of itself into the other's minutes. Carrying it mixes the two documents. The mix is not closed as a shared story. Each witness's capacity is read from their own summons. If one is a suspect and the other a witness, the minutes are not stuck onto the same set of rights. The prison term and an article number are not in this distinction either.

If the time in the minutes conflicts with the day on the summons, the conflicting place is written separately. The contradiction does not change the witness's capacity. Capacity is still on the summons. If the document is silent, the silence is not filled as the capacity of a suspect. Filling it does not produce a prison term either. A second account of the same event is not squeezed into the margin of the first minutes. If the second account is a separate page, the page number is read. If the number does not match, the place that does not match is described. Describing it is not writing an article number.

Where the witness minutes are read from

The office being in Çankaya does not change the unit where the statement was taken. That is read from the minutes. The prison term and an article number are not written. Capacity is not treated as established while the summons, the minutes and, if there is one, the endorsement of the correction do not stand side by side.

Conclusion

A witness statement is specific to the capacity. The pattern of a suspect is not stuck onto these minutes. The prison term and an article number are not fixed. The frame sits on the criminal law page. The basis is the Code of Criminal Procedure, Law No. 5271.

Legislation

Frequently asked questions

The summons made me think I was a suspect. Am I a witness?

The capacity on the summons is checked. A witness and a suspect do not carry the same set of rights. If the capacity is not on the paper, it is not memorised as if it were missing. The document is asked for.

What happens if I give a wrong account?

The risk of false testimony is discussed separately. The prison term and an article number are not in this text. The outcome is read from the line in the minutes.

Can a witness come with a lawyer?

The rule on defence counsel for a witness differs from the rule for a suspect. Support is weighed according to the file. A sentence about defence counsel that belongs to a suspect is not stuck onto the witness minutes of itself.

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

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call