What Should Be Done To Testify In Criminal Proceedings?

23 Dec What Should Be Done To Testify In Criminal Proceedings?

The criminal proceedings are composed of two separate phases: the investigation phase and the prosecution phase (criminal case). Following the opening of the criminal case, the court’s decision is called a judgment.

In terms of the criminal procedure, the suspect is taken from the statement of the suspect while the victim or the complainant’s statement is taken. During the prosecution stage, the defendant is questioned by the court and the competent criminal court.

The statement may be taken by law enforcement or the public prosecutor according to the Code of Criminal Procedure no. 5271. In case of the age of the suspect, the police, who are in charge of police and gendarmerie, cannot be taken to the statement of the child who is dragged into crime. In this case, the statement of the child dragged into crime as a suspect should be taken by the Prosecutor. Identity identification can only be carried out in terms of the law enforcement suit.

The complaint or the criminal complaint, which is the beginning of the investigation phase, can be made directly to the Prosecutor’s Office as well as to the police forces such as police station and police department. Subsequently, it is necessary to collect the evidence quickly and to take the statements of the suspect, the statement of the victim or the complainant, and refer to the statements of the witnesses.

During the investigation phase, the suspect, the prosecution stage of the defendant in the statement and the request of the lawyer (the defense) may be found, without a defense to refrain from making statements.

It is considered as taking a question by the police or the Prosecutor on the suspect that a crime has been committed. The statement must be taken in writing. Although it is difficult to prove the verbal statements made, the information obtained can be used for the course of the investigation phase.

The person referred to in his statement shall be invited with a call-out sheet in accordance with Articles 145 and beyond of the Criminal Procedure Code. In the content of the call paper the reason for referring to the person’s statement, in other words, the alleged offense, in which capacity it is stated that the statement / statement will be received (for example, the witness), or it can be brought into force unless it accepts the invitation. Those who are not invited to participate in the invitation, the arrest warrant or the arrest warrant can be brought. In accordance with the PVSK, it is possible for the police to make inquiries by the police in the investigations which are in preparation. However, in this context, the police have no authority to bring force.

A lawyer and a law enforcement officer should be present during the statement of the suspect referred to. In case the statement is taken by the Prosecutor, the Prosecutor and his / her clerk are present during the taking of the statement. It is also observed that, except for the statement taken by the lawyer, the Prosecutor of the Custodian, when he finds that the statement was unsatisfactory in the investigation, he had occasionally applied to the repudiation of the suspect.

In Article 147 of the Code of Criminal Procedure, the suspect or the defendant in the question before the court, that the right to silence, the right to silence, can show evidence in favor of the appeal, can hold lawyers, if the financial situation does not permit the bar in the city where he can claim the identity information is correct If the crime is committed, the crime and the explanation of the event is explained, reminded and connected to the minutes.

One of the most noticeable rights here is the “right to silence Burada. The suspect or the accused may refrain from giving a statement. The right to silence may be beneficial in cases where a confidentiality decision is made or the judicial file cannot be judged, and sometimes it may lead to negative evaluations. Velev, C. Prosecutors and criminal courts in the doctrine of the ı Do not count the Susma an contrary to the principle of the suspect or accused who use the right to silence can sometimes use the negative opinion.

Prior to the questioning of the statement, statement or court, it is essential for the right to exercise the right of defense to examine, legally examine and evaluate the investigation or prosecution file. For this reason, it is absolutely necessary to examine and examine the existing file content in a correct expression or query strategy. Instead of making contradictory statements in terms of the criminal procedure process, it is necessary to give the statement / statement with simple and not long sentences. Everyone is innocent until proven guilty according to presumption of innocence. However, in every crime attributed to the proof of innocence, the plot must be taken into account and the evidence in favor should be presented in accordance with the nature of the offense. The connection with the suspect and the accused directly to the board is important. For example, a defendant in the contradictory statement in the question of the previous conflicting statements of the defendant asking the defendant to resolve the contradiction and then conceal the facts of the accused.

Prior to the questioning of the statement, statement or court, it is essential for the right to exercise the right of defense to examine, legally examine and evaluate the investigation or prosecution file. For this reason, it is absolutely necessary to examine and examine the existing file content in a correct expression or query strategy. Instead of making contradictory statements in terms of the criminal procedure process, it is necessary to give the statement / statement with simple and not long sentences. Everyone is innocent until proven guilty according to presumption of innocence. However, in every crime attributed to the proof of innocence, the plot must be taken into account and the evidence in favor should be presented in accordance with the nature of the offense. The connection with the suspect and the accused directly to the board is important. For example, in the interrogation of a defendant in a contradictory statement, the judge, who asks the accused to make his previous conflicting statements, aims at eliminating the contradiction and revealing the facts conceived by the accused.