29 Sep THE REGULATION ON THE ARRESTING, DETENTION AND TAKING OF STATEMENTS
THE REGULATION ON THE CAPTURE, DETENTION AND TAKING OF STATEMENTS
CHAPTER ONE
Purpose, Scope, Basis and Definitions
Purpose
Article 1 – the purpose of this regulation, at the request of the public prosecutor or law enforcement officials with all necessary forensic judicial police who do their job with other law enforcement officials, public prosecutors, in accordance with the orders of the knowledge and they would conduct operations conducted by law enforcement officers during a forensic investigation, apprehension, detention, and taking into custody of the deposition is to regulate the procedures and principles to be followed in the conduct.
Scope
Article 2 – This Regulation covers the processes of capture, detention, custody and taking statements, as well as judicial law enforcement officers and all law enforcement agencies that perform the duty of judicial law enforcement when necessary or at the request of the Public prosecutor.
Basis
Article 3 – this regulation, 4/12/2004, dated the code of Criminal Procedure No. 5271, No. 2253, dated 7/11/1979 the organization of children’s courts, their functions and the trial procedures, the law on police duties and powers 4/7/1934 Law No. 2559 dated, dated 10/3/1983 gendarmerie No. 2803 on the organization, duties and powers, the Law No. 2692 dated 9/7/1982, the Coast Guard command of the Law No. 485 dated 2/7/1993 the Decree Law on the organization and duties of the customs authority and has been prepared based on.
Definitions
Article 4 – The provisions of this Regulation;
The judicial police: law enforcement 04/06/1937 dated No. 3201 of the law on 8, 9, 10, and 12 grade ingredients, Gendarmerie No. 2803 on the organization, duties and powers of Article 7 of the Law No. 485 of Article 8 of the decree on the organization and duties of the customs authority and No. 2692, the Coast Guard Command specified in Article 4 of the law engaged in the process of the investigation, security guards,
Obtaining information: In order to identify or clarify a crime, to listen to and record other people who have been harmed by the crime and are not suspected of committing a crime,
Taking a statement: The suspect should be listened to by law enforcement officers or the public prosecutor in connection with the crime under investigation,
If no action is taken immediately, traces, artifacts, letters and evidence of the crime will disappear, or there will be a possibility that the suspect will escape or his identity will not be determined,
Detention: According to the authority granted by law, in order to complete the proceedings against the captured person, temporary restriction and detention of his freedom in such a way as not to harm his health during the legal period until his removal or release before an authorized judge,
Detention unit: Law enforcement units authorized and tasked with keeping the captured person in custody for a legal period of time until the completion of the proceedings against the captured person and their referral to the judicial authorities or release,
Responsible for detention and detention center: to ensure that the rights of persons detained or detained are read, records are kept and that they are treated in accordance with the law
personnel assigned by the commander, supervisor or bureau supervisor of the relevant police station, unit or boat for the purpose of,
Prosecution: The phase that begins with the adoption of the indictment and lasts until the verdict is finalized,
Malen is responsible for: the person who will be affected or endure the consequences of the judgment, bearing financial and material responsibility, after the binding of the work subject to the judgment and its finalization, will be affected by the results of the judgment,
Containment: Restriction and detention of freedoms of persons who need to be brought before a competent authority in cases authorized by law in such a way as not to harm their health and to the extent necessary, until they are taken over by the relevant institutions or persons,
Defender: The lawyer who defends the suspect or accused in criminal proceedings,
Detention center: places where transactions on the rights of suspects or defendants have been made in order to wait until they are completed and referred to judicial authorities,
Defendant: a person who is under suspicion of a crime from the beginning of the prosecution until the verdict is finalized,
Inquiry: The suspect or the accused should be heard by the judge or the court in connection with the crime that is the subject of investigation or prosecution,
Investigation: According to the law, the stage from the learning of the suspicion of a crime by the competent authorities to the adoption of the indictment,
Red-handed: A crime committed by a person who has been harmed by a crime or caught by others immediately after the crime has been committed with a verb that has just been committed, a crime committed by a person who has been caught with goods or evidence that shows that the act has just been committed,
Suspect: A person who is under suspicion of a crime during the investigation phase,
Collective decriminalization: a crime committed by three or more people, although there is no will of participation between them,
Proxy: A lawyer representing a person who participates, is harmed by a crime or is financially responsible in criminal proceedings,
Capture: A person who has a strong trace, artifact, sign and evidence that he has committed a crime that must be inspected to eliminate an existing danger to public safety, public order or the person’s body or life must have his freedom temporarily and de facto restricted and supervised before detention or detention,
expresses.
THE SECOND CHAPTER
Capture, Detention and Containment
The authority to capture, detain and detain
Article 5 – Law enforcement officers;
a) the delay is undesirable, and without the possibility of recourse to the immediate supervisor or to the public prosecutor in the case; about the warrant, issued an arrest warrant in case of person that should be or act or regulation or delay is undesirable in other cases, a crime or committed a crime about being a strong trace, trace, circumstantial evidence, suspects and evidence,
b) those who disobey the order given by the law enforcement agency in the department of law and procedure and do not comply with the measures taken,
c) persons who are in a position of strength while serving or who forcibly resist law enforcement in order to detain them from their duties and are likely to continue their movements if they are not caught,
d) those who have a warrant for capture, a decision to capture and arrest issued by authorized authorities on their rights, or those who need to be captured for not fulfilling a payment required by law,
e) Those who buy, sell, possess or use drugs and stimulants,
f) those who are drunk enough to disrupt the comfort of the public or cause disgrace, or those who attack others in a state of intoxication,
g) those who disrupt the peace and tranquility of the people, those who continue their actions despite the warnings made, those who attack others and those who quarrel,
h) treatment in an institution, in accordance with principles specified by the law for the education and rehabilitation of the mentally ill who pose a danger to society in order to fulfil measures, drugs and stimulant drugs or alcohol enthusiast, punk, or people who become infected,
i) Children whose rights have been decided by the court to place them in child care and upbringing dormitories or similar official or private institutions or to remove them before a competent authority,
i) People who want to enter or enter the country in violation of the procedure, or who have been deported or returned,
he can catch it.
An identity document or law enforcement can prove by the testimony of persons with known or trusted kuvvetince whether it’s the disease, the accuracy of their documents suspected persons, wanted persons, it is understood that the real identity or not discovered until twenty-four hours, not to exceed capture and storage is authorized to take under. These people are shown the necessary convenience in proving their identity.
In the following cases, temporary capture can be made by anyone:
a) Detection of a person when committing a crime,
b) There is a possibility that the person being monitored may escape due to a criminal act, or there is no possibility to immediately identify him.
Although the investigation and prosecution are dependent on the complaint, the arrest of a person in a state of criminality committed against those who are incapable of administering themselves due to physical or mental illness, disability or infirmity is not dependent on the complaint.
According to the third paragraph of Article 90 of the Criminal Procedure Code No. 5271, if a suspect is caught before the complaint, the arrest will be notified to the person authorized for the complaint, and at least to someone if they are more than one, about the crime related to the investigation and prosecution of the complaint.
The capture process
Article 6 – Capture may be carried out by anyone within the framework of the powers specified in Article 5, by a judge’s decision or by order of the Public prosecutor, or directly by law enforcement or in case of a red-handed person.
In order to prevent the captured person from escaping, harming himself or others, a rough top search is carried out to ensure that he is free of weapons and such elements.
During the capture, measures are taken to prevent the destruction or destruction of traces, letters, artifacts and evidence of the crime.
To the arrested person, without distinction of crime, the capture cause and counsel with the allegations remain silent and to benefit from, and other legal rights and veto rights of appeal to get caught how to use your power, probably written, this is now possible if orally shall be notified immediately.
In case of arrest by a law enforcement agency, the transaction, the captured person and the measures taken are immediately notified to the Public prosecutor.
Without delay, a relative of the captured person or a designated person is notified of the arrest and the order for the extension of the detention period by the order of the Public prosecutor.
In cases where there is a possibility that the person being watched may escape due to a crime or a criminal act, or if he is caught by others and handed over to law enforcement officers due to the inability to immediately identify him, or in these cases he is captured by law enforcement officers, or requires an arrest warrant or a warrant to be issued for him, and if there is a delay, he is objectionable; Due to the fact that there is no possibility to contact the public prosecutor or his superiors immediately, the public prosecutor is immediately informed about the person and the incident captured by law enforcement officers and the action is taken in accordance with his order. An oral order issued by the public prosecutor is converted into a written one as soon as possible and, if possible, notified to the relevant police station by means of the most serial communication; otherwise, it will be accepted for receipt by the relevant law enforcement officers. However, the law enforcement officer fulfills the requirement of the oral order without waiting for the order to be put into writing.
If the captured person is not released by order of the public prosecutor, he is detained for the completion of the investigation.
After the provision of the second paragraph of this article is applied to the persons captured for the purpose of being detained, the reason for the capture, the right to object to the capture and how to use this right will be notified immediately. It is ensured that those who need to be taken from these people to a correctional or treatment institution are delivered by the relevant institutions. In case of non-receipt of delivery, the situation is determined by a record and a copy of the record is sent to the property manager.
Measures to be applied to the captured and transported persons
Article 7 – Persons who have been captured or arrested and transferred from one place to another may be handcuffed if there are signs that they will escape or that they or others are in danger to their life and bodily integrity.
Don’t notify your relatives
Article 8 – The captured person;
a) If there is a person with him, it is through this person,
b) If he resides at the place where the crime was committed or caught, and knows the phone number of the relative he will notify, or if he can be detected by law enforcement in another way, by phone,
c) If he does not know the phone number of the relative to whom he will inform, by means of the appropriate place armband,
d) If the residence is outside the place of crime, by establishing a relationship with the phone or the place where the person’s address is located,
a relative or a designated person is notified without delay by order of the public prosecutor that he has been arrested, detained or the detention period has been extended.
If the arrested or detained person is a foreigner, if he does not object in writing, his status will be notified to the embassy or consulate of the country where he is a citizen.
If a person is caught for the purpose of being taken into custody, his legal relatives will be notified immediately if he wants to.
Health control
Article 9 – In cases where the captured person is to be detained or caught using force, the state of health at the time of capture is determined by passing a doctor’s check.
The medical condition of the detained person is also determined by the doctor’s report before the procedures of changing his place for any reason, extending the detention period, releasing him or referring him to the judicial authorities.
Those who are detained, whose health condition deteriorates for any reason, and those whose health status is suspected, are immediately checked by a doctor and, if necessary, their treatment is performed. Those who have a chronic illness from people with this condition are allowed to be examined and treated by an official physician under the supervision of their own physician, if they have any requests.
It is mandatory that the law enforcement officer who took the statement of the detained person or conducted the investigation, as well as the law enforcement officer who took this person for a medical examination, be different. However, if there are no different law enforcement officers due to lack of personnel, this situation is documented.
Medical examination, control and treatment are carried out by a forensic medical institution or official medical institutions.
The doctor’s report is issued in three copies. The unit that will issue the doctor’s report is notified in writing by law enforcement officers whether the captured person has been brought to the detention center for an entrance report or an exit report.
A copy of the arrest or entry report is stored in the medical institution that issues the report, the second copy is given to the detained person, and the third copy is given to the relevant law enforcement officer for inclusion in the investigation file.
An extension of the detention period or relocation of the holding cell held during the exit from the physician’s or Health Organization’s report, a copy is stored in two copies of relevant medical institutions issuing the report in a sealed envelope and closed to the public prosecutor in the series is sent. A copy of them is given by the public prosecutor to the detained person himself or her deputy, and a copy is attached to the investigation file. The confidentiality rules specified in Article 157 of the Criminal Procedure Law No. 5271 are followed in the preparation of these reports and their submission to the Prosecutor General’s office, and the necessary measures are taken by the relevant medical institution for this purpose.
During the examination, the physician shall immediately inform the Public prosecutor of the arbitrariness if he finds any evidence that the crimes of torture specified in Article 94 of the Turkish Criminal Code No. 5237, aggravated torture due to the result specified in Article 95 and torture specified in Article 96 have been committed. In this case, a Physical Examination, Genetic Examinations and Physical Identification in the Criminal Procedure are carried out in accordance with Articles 7 and 8 of the Regulation.
It is essential that the doctor and the person being examined are left alone, the examination should be carried out within the framework of the doctor-patient relationship. However, the physician may request that the examination be carried out under the supervision of a law enforcement officer, citing a concern for personal safety. This request is fulfilled by certification. In this case, at the request of the detained person, the defense attorney may also be present, provided that there is no delay during the examination.
Examination of a woman is carried out by a female physician at her request and when the possibilities allow. In case there is no female doctor despite the request of the woman to be examined, care is taken to have a female staff member of the medical profession with the doctor during the examination.
Security search
Article 10 – The following provisions apply to the person brought to the detention unit:
a) He is duly searched before being placed in a detention center or, in mandatory cases, in the places allocated for this purpose. The search of the woman’s upper or body is carried out by a female attendant or another woman who will be assigned for this purpose.
b) It is free of objects such as belts, ties, ropes, cutters and piercing tools that may damage it.
c) The goods and money coming out of it are kept under protection. A record is issued stating the nev, serial number and quantity of the money, the qualifications and brand of the goods, and a copy of this record is given to the person who is called above.
Prison operations
Article 11 – The entrance of the person who is being searched for by the parent to the detention center is provided by registering in the “Register of Those Taken to the Detention Center” attached to this Regulation (Annex-B).
In prison operations;
a) Those who are related to the same crime, those who are hostile to each other, men and women are not put together, children are decoupled from adults.
b) No more than five people are kept together in the detention center except in cases of decency.
c) The elimination of mandatory needs such as toilets and cleaning is provided under the supervision of the officer in charge.
d) Food and drinks are checked in advance.
e) If the detained person begins to show an aggressive attitude or tries to harm himself, he will first try to be controlled by word. If this is not possible, force can be used to eliminate its movement. However, force is not used unless it is necessary, unless the life, body integrity or health of both himself and someone else is in danger.
f) People whose aggressive attitudes and behaviors cannot be controlled are sent to medical institutions for medical intervention.
g) By taking the necessary measures to protect the living rights of detained persons, the relevant authorities can be monitored for this purpose. The surveillance process can be recorded to the extent of technical capabilities.
h) The expenses of feeding, transporting, maintaining and, if necessary, treating the detained person, informing the relatives of his arrest are covered from the budget appropriations of the Ministry on which the relevant unit depends.
A notebook belonging to the register of those taken into custody
Article 12 – Detention procedures are determined by writing in the register of those taken into custody. In this book, which is subject to audit,:
a) Identification information;
1) First and last name,
2) The name of mom and dad,
3) Gender,
4) Place and date of birth,
5) The place where it is registered with the population,
6) Volume, family number and registration number,
7) Passport number for foreigners,
8) Residence address, business address and phone numbers,
9) Identity number of the Republic of Turkey,
b) Information on the basis of detention;
1) The alleged crime, the reason for the detention,
2) The place and date of the crime,
3) By whose order he was captured and taken into custody,
4) The name and surname of the notified Public prosecutor,
5) The date and time when the public prosecutor was notified,
6) Registration of the information collection processing part,
c) Entry procedures;
1) Place, date and time of capture,
2) Date and time of entry,
3) The authority, date, number and summary of the doctor’s report received at the entrance,
4) The materials delivered in the upper call, the signature of the deliverer and the deliverer,
5) The name, surname, rank and signature of the officer performing the entry process,
d) Transactions related to the suspect;
1) The informed relative or designated person, address and phone number,
2) The name and phone number of the notified diplomatic mission,
3) Name, surname, registration and signature of the informing personnel,
4) The date and time of notification,
5) The signature of the suspect that he has been informed about,
6) Whether an interpreter is provided, the name, surname and signature of the translator jul,
7) Statement and signature of the defender about the request,
8) The name of the baron or the name and surname of his own lawyer, if his lawyer has requested it,
9) Name and surname, registration number, arrival time and signature of the incoming defender,
10) The authority that decides on the extension of the period, the date, number of its decisions and the extended period,
e) Exit operations;
1) The date and time of issue,
2) The authority to which it is referred,
3) Date and number of the dispatch document,
4) Name, surname and signature of the delivery person,
5) Materials delivered to the person himself and his signature,
6) Materials delivered to the official and his signature,
7) Temporary departures,
8) Announcements, transactions and results,
9) The name, surname, rank and signature of the employee who made the exit transaction,
10) Name, surname, rank and signature of the controlling supervisor,
it is indicated.
In addition to the mandatory information mentioned above, other information deemed necessary may also be included in this book.
THE THIRD CHAPTER
Period of Detention, Release and Referral to Judicial Authorities
Duration of detention
Article 13 – According to Article 90 of the Criminal Procedure Code No. 5271, if the arrested person is not ordered to be released by the public prosecutor, he or she will be detained for the completion of the investigation.
The detention period may not exceed twenty-four hours from the moment of capture, except for the mandatory period for sending it to the nearest judge or court at the place of capture. The mandatory time for sending to the nearest judge or court at the place of capture may not be more than twelve hours.
this period is forty-eight hours if it falls within the scope of the duty of the heavy criminal courts, which are responsible for looking at the crimes contained in the first paragraph of Article 250 of the Criminal Procedure Code No. 5271.
Extension of the detention period
Article 14 – In case of crimes committed collectively, due to difficulties in collecting evidence or the large number of suspects, the Public prosecutor may order in writing that the detention period be extended for three days, not exceeding one day each time. The order to extend the detention period is immediately notified to the detained person. No one can be deprived of his freedom without a judge’s decision after these periods have passed.
In the first paragraph of Article 250 of the Criminal Procedure Code No. 5271 who is tasked with looking at the crime within the purview of crimes and criminal courts, in accordance with Article 120 of the Constitution of the people who are trapped in regions declared a state of emergency, the same law, Article 91, paragraph and set the time period of four days in the third paragraph, the prosecutor of the Republic of the seven days of the request and can be extended by the decision of the judge. The judge listens to the captured and detained person before making a decision.
Appeal to the judge against the arrest and detention proceedings
Article 15 – Against the written order of the Public prosecutor regarding the arrest, detention or extension of the detention period, the arrested person, his lawyer or legal representative, his wife or first or second degree blood contact may apply to the magistrate to ensure his immediate release. The petition of the captured person is delivered to the authorized judge in the most serial way.
Taking the captured person to a competent court
Article 16 – warrant issued by the judge on the court during the prosecution or investigation or the person who is captured or brought before a court no later than competent judge within twenty-four hours, if the criminal is brought before the nearest magistrate judge within the same time; if he is not released, the competent judge or court to be sent soon arrested.
Referral to authorized bodies or release
Article 17 – If the reason for the arrest cannot be determined or the reason for the arrest disappears, the arrested person shall be immediately released by law enforcement agencies on the order of the public prosecutor.
The captured person is handed over to the relevant institution if he is one of the people about whom correctional or therapeutic measures should be taken.
Detention periods are the maximum periods, and it is essential that the transactions of the detained persons are completed as soon as possible.
Those detained are immediately referred to the relevant Public prosecutor’s office by law enforcement agencies without waiting for the detention period to expire after the procedures are completed.
Against the order of the Public prosecutor regarding the arrest, detention or extension of the detention period, the release decision issued upon application to the judge is applied immediately.
The personal belongings and money taken into custody are delivered to the person concerned in full and signed to him by commenting on the security call minutes issued at the entrance.
The process and reason for the transfer or release are attached to the “DISPATCH/RELEASE Record” attached to this Regulation (ANNEX-C), a copy of which is given to the person released from custody.
Prohibition of recapture
Article 18 – Upon the expiration of the detention period or upon the decision of the magistrate, the arrest procedure cannot be applied for the same reason again unless new and sufficient evidence is obtained about the act that caused the arrest of the detained person and the released person, and there is no decision of the Public prosecutor.
Special provision for children
Article 19 – The powers of arrest and taking statements in respect of children are limited as follows:
a) Those who have not reached the age of twelve when they actually committed, as well as the deaf and dumb who have not reached the age of fifteen;
1) He cannot be caught for the reason of a crime and cannot be used for the detection of a crime in any way.
2) Capture can be made for the purpose of identification and crime detection. He is released immediately after identification. The identified identity and crime shall be immediately notified to the prosecutor general’s office in order to obtain an injunction by the president or judge of the court.
b) Those who have reached the age of twelve, but have not reached the age of eighteen, may be arrested for a crime. These children are immediately referred to the prosecutor general’s office with the notification of their relatives and relatives; the investigation into them is carried out personally by the prosecutor general of the Republic or the public prosecutor he will appoint and is carried out in accordance with the following provisions:
1) The parent or guardian will be informed that the child has been detained.
2) The defender is benefited even if he does not have his own request, the parent or guardian can choose the defender.
3) The statement of the suspicious child is taken on the condition that the defender is present.
4) In cases where it is not determined to be contrary to the benefit of the child or where there is no legal obstacle, the parent or guardian may be present at the time of receiving the statement.
5) Kept in separate places from adults.
6) if crimes written in the Law on the Establishment, Duties and Trial Procedures of Juvenile Courts No. 2253 are committed together with adults, documents related to children are separated at the investigation stage, and their investigations are carried out separately.
7) The identities and actions of children are necessarily kept secret.
8) If the victim of the crime is a child, in case of a crime committed against them, in acts whose prosecution depends on the complaint of a person harmed by the crime, there is no requirement for a complaint to be apprehended and investigated by the suspect.
9) The procedures related to children are carried out by plainclothes officers to the extent possible.
10) Handcuffs and similar tools cannot be attached to children. However, in case of necessity, the necessary measures are taken by law enforcement agencies to prevent the child’s escape and the dangers that may arise for the life or bodily integrity of him or others.
THE FOURTH PART
Issues Related to Self-Defense
Appointment of the defender
Article 20 – The suspect or the accused may benefit from the assistance of one or more defenders at each stage of the investigation and prosecution; if he has a legal representative, he may also choose a defender for the suspect or the accused.
At the investigation stage, up to three defense lawyers may be present at the time of taking a statement.
The right of the defense attorney to meet with the suspect or defendant, to take a statement or to be with him during the interrogation and to provide legal assistance at all stages of the investigation and prosecution cannot be prevented or restricted.
If the suspect or the accused declares that he is not in a position to choose an advocate, an advocate will be appointed by the bar association at his request.
A suspect or defendant is under the age of eighteen or deaf or dumb or disabled to the extent that he is unable to defend himself, and if an advocate is not found, an advocate is assigned without a request.
A defense attorney is assigned without seeking the request of the suspect or defendant in the investigation and prosecution for crimes whose upper limit requires a minimum sentence of five years in prison.
Meeting with the defender
Article 21 – A suspect or a defendant may discuss what has been said with his lawyer at any time and in an environment where others cannot hear, without seeking power of attorney. The correspondence of these persons with the defense attorney cannot be subject to audit.
Before and during the interview with the defense attorney, the person who is caught at his request is given a pen and paper.
Provided that the investigation is not delayed, and if the captured person wishes, no more than three defense lawyers may be present to testify without a power of attorney.
In each law enforcement unit, an interview room with appropriate conditions for an interview is allocated.
Examination of the investigation document of the defense office1
Article 22 – The defense attorney may examine the contents of the file during the investigation phase and receive a sample of the documents he wants without a fee. For the investigation file located in the armory, a written order from the authorized Public prosecutor is required.1
If the defense attorney examines the contents of the file or takes samples from the documents that may jeopardize the purpose of the investigation, at the request of the public prosecutor, this authority may be limited by the decision of the magistrate.
The provision of the second paragraph does not apply to the minutes containing the testimony of the captured person or suspect, as well as expert reports and minutes related to other judicial proceedings in which the named persons are authorized to be present.
The defense attorney may examine the contents of the file and the preserved evidence from the date the indictment was filed with the court by the prosecutor general’s office; he may take samples of all minutes and documents without fees.
The rights contained in this article are also enjoyed by the deputy of the one who was harmed by the crime.
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