Being Invoked for Statement and Considerations
Being called to testify is a situation that can happen to anyone in daily life. There are hundreds of types of crimes in the Turkish Penal Code No. 5237 and special laws regulating other criminal sanctions, and anyone can be the perpetrator or victim of these crimes. However, the expression process is very important in the investigation and prosecution of these crimes and there are many issues that need attention.
In our article, we will discuss in detail the points you need to know while answering questions such as what it means to be called to testify, what will happen if you do not go, and how the post-detection process works. We recommend that you read it carefully as it is an important topic.
What is Expression?
Whether a person is the perpetrator or victim of a crime, he or she can be summoned to testify. When a person is called to testify, it is not necessary to understand that he is guilty. A person can be a complainant or a complainant and a suspect. Within the scope of the investigation, law enforcement officers or prosecutors listen to the suspect and record the statements of the suspect. This process is called testimony in Criminal Procedure.
What Does It Mean to be Called to Testify?
Whether a person is the perpetrator or victim of a crime, he or she can be summoned to testify. When a person is called to testify, it is not necessary to understand that he is guilty. A person can be a complainant or a complainant and a suspect. In other words, if there is a joint criminal complaint, the name of the suspect-complainant is used. The expression process is very important in two ways. First, when the man gave his statement, the whole judgment was based on what he had said here. Confession, denial, evidence, etc. provided by the expression. The person may be unnecessarily betraying himself with the sentence, or he may be putting himself in an unfair situation when he is right. For this reason, it is recommended that the person have a criminal lawyer present while giving testimony. The second focus is on the issue of peaceful punishment. After deposition, the person is usually referred by the prosecutor to a magistrate for arrest or judicial control. Here, the magistrate decides whether the suspect should be arrested or released during the trial.
Therefore, the defense to be made here is of great importance. Therefore, the assistance of a lawyer is one of the most important points when it comes to being summoned to testify.
How to Get Expression?
How to make a statement and questioning is explained in detail in Article 147 of the Criminal Procedure Code. According to the provision of the article, the following points must be observed while taking the statement of the suspect or the accused or interrogating him.
a) The identity of the suspect or the accused is determined. The suspect or accused is obliged to answer the questions regarding his identity correctly.
b) The crime charged to him is explained.
c) He is informed that he has the right to choose a lawyer and that he can benefit from his legal assistance and that he can be present in the statement or questioning of the lawyer. If he is not in a position to choose a lawyer and wants to benefit from the help of a lawyer, a lawyer is appointed by the bar association.
d) Without prejudice to the provisions of Article 95, any of the relatives of the arrested person is immediately notified that he has been caught.
e) It is said that it is the legal right not to make a statement about the charged crime.
f) He is reminded that he can request the collection of concrete evidence in order to get rid of the doubt, and he is given the opportunity to eliminate the reasons for suspicion against him and to put forward the issues in his favor.
g) Information is obtained about the personal and economic situation of the person giving a statement or being questioned.
h) Technical possibilities are used in the recording of statements and inquiries.
i) The statement or query is attached to a report.
Summons for Cybercrime
It may be possible for cybercrime to call you to testify on a crime committed through informatics. Considering the possibilities of information technologies and related possibilities today, many criminal charges are possible.
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