Criminal law · Legal information

Is a Statement Given in Police Custody?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A statement in custody is a declaration to the police taken while the custody measure continues. It is a set of minutes separate from a police statement given by someone who came on a summons. A hurried signature, before the rights and counsel are reminded, is not accepted as the whole of what was explained. The custody day and a prison term are not frozen in this article. The day is read from the annotation on the minutes. If there is no annotation, a day is not invented.

The difference from a statement given on a summons

A declaration given by going to the station on a summons, and a declaration taken while custody continues, are not the same pace. The frame of a statement on a summons sits in the record a statement at the police station. The general safeguard in custody sits in the record rights in custody. If the two records are mixed, what was said at which moment is lost. If the custody day is not on the minutes, it is not written, and a prison term is not added.

A claim of pressure is read from the time on the minutes and from the counsel line. While the line is absent, pressure is not tied to a particular number of days. A number of days is not invented. Preparation before the statement sits in the record before giving a statement. Preparation does not stand in for the custody minutes.

Counsel and the minutes

A meeting with counsel is read separately, before the statement session. The frame of the right to counsel sits in the record counsel. If the meeting does not appear on the minutes, it is not treated as having appeared. If the minutes are signed without being read, an unread line is not treated as having been said. A correction is written in the margin. If the margin is blank, a sentence added later is not part of that session.

A petition does not of itself enter, on the minutes, a correction that was not signed. The petition must show which line is wrong. Without showing that, the whole declaration is not announced as of no effect. The document is read page by page. A missing page is not accepted as a completed statement.

The physician and notice to a relative

The physician's report, and notice to a relative, are safeguards separate from the content of the statement. If the hour of the report conflicts with the hour of the statement, the conflict is not treated as erased. The conflict is read from each document's own hour. If there is no hour, an hour is not invented. If there are no minutes of notice to a relative, notice is not assumed to have been given.

These safeguards do not turn the custody day into a number. The day is read only if it is written on the papers. A prison term is not produced from this conflict of hours either. There is no period and no article number here. A decision is not written before the papers are seen.

Release does not erase the declaration

Being released after the statement does not destroy the sentence that was said. The release document sits in the record release. Release does not mean the minutes were not read. If the dates of the two papers differ, each date is on its own document. If there is no date, a date is not invented.

A later declaration by the person who was released is not pasted in place of the custody minutes. If there is a conflict, the two sets of minutes are placed side by side. The conflict is not read as a prison term. The decision is drawn from the whole of the file. A single sentence is not put in the place of the judgment.

The question asked during the statement and the answer that was written should stand on the same line. If the question is not on the minutes, the answer is not read without it being known which question it was given to. An unknown question is not treated as completed later by a petition. The capacity of a witness is not pasted onto this session. A person in custody and a witness do not carry the same sentence of rights. The capacity is read from the heading of the minutes. If the heading is blank, the blank is filled from the summons. If there is no summons either, a capacity is not invented.

If there is more than one session, each session has its own minutes. The signature of the first session does not of itself bind the second session. The second set of minutes is not written as a continuation of the first before it is read. If the hours conflict, the conflicting place is described. The description does not turn the custody day into a number. A number is read only if it is written on the papers. A prison term is not produced from these hours either.

The place where the meeting with counsel took place does not have to be the same as the statement room. If the place is written on the minutes, it is read from there. If it is not written, a place is not invented. The length of the meeting is not a figure in this article either. The length is read only if it is written on the papers. While there is no meeting document, the meeting is not treated as having taken place.

Where the custody minutes are read from

The office being in Çankaya does not change the unit where custody was carried out; this is read from the minutes. If the custody day and a prison term are not on the papers, they are not written. The declaration is not treated as complete before the counsel line, the physician's note, and the statement minutes stand side by side.

Conclusion

A statement in custody is a declaration taken while the measure continues. A hurried signature, before counsel and the minutes are read, is not the whole of what was explained. The custody day and a prison term are not frozen. The frame sits on the criminal law page. The basis is the Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

Is the record of rights the same session as this one?

No. The general safeguard in custody is a separate record. What is looked at here is the statement taken while the measure continues. The two sets of minutes are not copies of each other.

Is a signature enough without counsel?

The right to counsel is read separately at this stage. A signature put down before it is read is not treated as having completed a sentence that was not explained. There is no prison term here.

Is release after the statement this record?

Release is a separate matter. If the custody day stands on the release document, it is read from there. A number of days is not frozen here.

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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