What Should Be Known Before Giving a Statement

In short

In the statement session, silence, counsel, and a signature without reading the minute are spoken of. An unprepared statement enters the minute. There is no promise of a conviction.

1. Keep the summons or the custody document. Read the date and the status.
2. Assess the right to counsel before the statement.
3. Do not write an assumption on a point that is not known. There is a right to silence.
4. The minute is read before it is signed. A missing or extra sentence is corrected.
5. Do not tell the event on social media.

The verification of the summons paper is in the article a prosecution summons has arrived. The rights in custody are under the heading rights in custody.

Giving a statement is the suspect’s making an official statement about the event in a criminal investigation. At this stage the right to silence, the choice of counsel, notifying the relatives, and checking the minute carry critical importance. This text offers general information. A definite result is not promised.

Introduction

When news of an investigation or of custody is received, many people start to speak without thinking what they will say. The rights and the practical risks that should be known before giving a statement can directly affect the early stage of the file. The same guarantees of the Code of Criminal Procedure also apply in the law-enforcement and prosecution units in Ankara.

For the general frame you can examine the criminal law page, and for detention on remand and protective measures the article when is a detention order given?. In simple statement disputes, the example of the offence of insult also shows how the process can widen. This article does not take the place of legal representation.

What is a statement?

A statement is the suspect or the defendant making a statement about the event before the investigation authority or the court. It is put under a statement minute. It is confirmed with a signature. The minute can be assessed in the file in the nature of evidence. Giving a statement and using the right to silence are different choices. Both are possible within the statutory frame.

A statement taken by the law enforcement at the custody stage, and a statement before the prosecution, can be different sessions. The rights should be reminded again in every session. The scope of the statement should be aimed to be kept limited to only the questions that were asked. An extra explanation can widen the field of the investigation. A statement given in the law-enforcement statement can differ at the prosecution stage. This contradiction becomes a subject of argument in the later defence.

Identification, and the procedural obligations

The right to silence and identification are different subjects. Giving identity information can be a procedural obligation. It is possible to stay silent about the event. A refusal of identification can give birth to a separate result. Mixing the rights can lead to giving an unnecessary statement. The investigation authority should not apply pressure that would violate the rights. A claim of a violation can be a subject of objection at later stages.

A statement in workplace and traffic events

A workplace disciplinary investigation and a criminal investigation are different processes. An employer’s statement can enter the criminal file. Statements given in the disciplinary process are not counted as an automatic confession of an offence. A law-enforcement statement after a traffic accident can also affect the insurance and damages processes. Giving a wide statement in panic is risky in every setting. The criminal-investigation dimension should be assessed separately.

Are custody, a prosecution statement, and a defence in court the same?

Custody is a temporary tool of protection and of investigation. A prosecution statement is taken at the stage where the investigation deepens. In the prosecution a defence is made before the court. The stages should not be mixed with each other. A statement given in custody can be argued at later stages. The risk of a contradiction should be kept in view.

Whom does it concern?

• People taken into custody, or summoned to give a statement
• People in the position of a suspect who learn that an investigation has been started about them
• Family members whose relative has been taken into custody (the notification and the counsel process)
• People who are asked to give a statement after a workplace, social-media, or traffic event
• Defendants who will give a statement before the court at the prosecution stage

A statement is not only the matter of “those who are guilty.” People who fall into the position of a suspect without justification, after a complaint, a report, or a witness account, can also enter the statement stage. A wrong statement given at the early stage can make a later correction harder.

The process before the statement: step by step

The typical course can be thought of as follows:

1. Contact by the law enforcement or the prosecution after the event or the report
2. Identification, and the reminder of the rights
3. The custody decision (if there is one), and notifying the relatives
4. The choice of counsel, or a request for counsel through the bar
5. A meeting with counsel (before the statement, if possible)
6. The statement session: the questions and the statement
7. Reading the minute, the correction, and the signature
8. The stage of release, judicial control, or a request for detention on remand

At every step, knowing the rights is important, rather than acting in panic. The signature of the minute in particular can give birth to a result of a kind that cannot be taken back.

The right to silence

A suspect or a defendant cannot be forced to make a statement against the person. Using the right to silence does not mean the person is guilty. The investigation authority should not apply pressure that would violate the right to silence. A person who chooses silence should also keep in view the possibility that the investigation will continue with the other evidence. The risk of an unprepared statement is generally higher.

The right to counsel

Counsel can be present at the statement session, can hold a meeting, and can examine the minute. Having counsel present is not a guarantee of release. It can help reduce the risk of a loss of right. There is a possibility of assignment through the bar. A short meeting before the statement can be useful for determining a strategy.

Points to be careful of during the statement

• Tell the event chronologically and concretely. Do not speak with a guess and a hearsay.
• Say “I do not know” on a matter you do not know.
• Do not make an extra explanation before a question is asked.
• Do not sign before the minute is read. If there is an error, ask for a correction.
• An emotional outburst, and accusing the other side, can widen the statement.
• Do not make a post about the event on social media.

After the signature of the minute, saying “I did not say this” can become harder. Statements given especially under fatigue, fear, or pressure can be a subject of argument later. The record can still be strong evidence.

The checklist of the minute

1. Is the identity information correct?
2. Are the date and the hour correct?
3. Do the events that are told fit what you said?
4. Is there a missing or extra sentence?
5. Does the expression “I read it, I understood it,” before the signature, reflect that you really read it?

If there is counsel, examining the minute together is useful. If a copy of the minute can be taken, it should be kept. Oral explanations that were not put on the record in the statement session can become debatable later. The official minute is taken as the basis.

The attitude toward the investigation authority

Behaving respectfully toward the investigation authority, and using the right to silence, do not exclude each other. An aggressive attitude can widen the statement. Excessive talkativeness carries the same risk. Giving a short and concrete answer to the questions, and not entering unnecessary detail, can be useful for the defence. Acting with counsel can help build this balance.

Mistakes often made

• Making a long explanation in panic
• Giving a statement without asking for counsel
• Signing without reading the minute
• Saying “let me give a short piece of information” and entering a wide statement
• Telling the event on social media
• Hiding evidence, or making a fabricated statement
• Supposing that custody is detention on remand

Caution: contradictory statements given at the statement stage can lead to an argument of reliability in the later defence. A hurried decision at the early stage can give birth to a long-term result. In criminal investigations of a high-stakes character, a conscious use of the rights is especially important.

The related legislation

The Code of Criminal Procedure regulates the procedures of custody, taking a statement, the right to silence, counsel, notifying the relatives, and detention on remand. The rights of the suspect and of the defendant are under a constitutional guarantee. The law enforcement and the prosecution are subject to these rules. A claim of a violation can be a subject of objection at later stages.

In judicial practice the content of the statement minute is read together with the other evidence. Statements obtained contrary to procedure can be rejected. Each file is assessed according to the concrete facts. The same national frame also applies in investigations in Ankara.

Heavy measures such as detention on remand do not come onto the agenda in every file. The article when is a detention order given? explains the general frame of the protective measures. Even in simple disputes the process can widen. The example of the offence of insult can show this.

What the relatives should do

People whose relative has been taken into custody can make a post on social media in panic. This can affect the investigation adversely. A correct flow of information, obtaining counsel, and a request for a lawyer through the bar are important. The period of custody is subject to statutory limits. The period should be followed. Custody and detention on remand should not be mixed. The relatives should remind the suspect of the right to silence. They should not ask the suspect to give a statement by applying pressure over the telephone line.

Digital evidence, and the social-media risk

Within the scope of the investigation, telephone, computer, or social-media records can be evidence. Making a post about the event on social media before giving a statement can contradict the minute. An attempt to delete a message, or to close an account, can be a separate subject of investigation. A claim of destruction of evidence can lead to an argument of a ground of detention on remand. Digital contents should be kept as a whole. An attempt to obtain evidence irregularly should be avoided.

The passage to the prosecution stage

A statement given in the investigation also stays in the file in the prosecution after the indictment. Contradictory statements given at the early stage can lead to an argument of reliability before the court. Assessing the right to silence before giving a statement is important for the later defence strategy. In the prosecution the position of a defendant arises. The defence is prepared more comprehensively. Knowing the rights within the frame of criminal law before giving a statement can increase the quality of the decisions that will be taken at the early stage of the investigation. The suspect should not sign without a meeting with counsel. The suspect should be sure that the text of the minute fits what was said. Statements given at the statement stage can prepare the ground for a wide investigation even in disputes that look simple. The example of the offence of insult can show this. When the right to silence and the support of counsel are assessed together, the risk of an unprepared statement can be reduced. During custody, notifying the relatives, obtaining counsel, and checking the minute should be conducted together. The article when is a detention order given? explains the protective measures that can come onto the agenda after the statement.

From where the right to silence and the right to counsel are separated before the statement

The right to silence and the right to counsel before the statement are separated before the signature of the minute. That the office is in Çankaya does not change the competent authority. This distinction is read from the record. The statement is built by whether the word that was said entered the minute.

Conclusion

Before giving a statement, the right to silence, the choice of counsel, notifying the relatives, and checking the minute should be known. An unprepared statement can make the defence harder at the early stage of the investigation. Assessing the rights, rather than acting in panic, is important.

This article is for general information. The assessment can change according to the features of the concrete event. An examination within the frame of the current legislation is required. The pages of criminal law, when is a detention order given?, and the offence of insult offer an additional frame on the related subjects.