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Taking statements in criminal procedure law

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2024
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Abstract (EN)

Criminal procedural law is a dynamic branch of law that regulates the relationship between crime and punishment, ensuring the protection of social order and individual rights while encompassing systematic and detailed stages to achieve justice. The initiation, progression, and resolution of this system rely on the guidance provided by the doubt created by evidence. Statement-taking, an enduring and integral part of justice, continues to play a critical role in clarifying crimes and protecting the rights of individuals in pursuit of truth. This study examines the role, principles, and evidentiary significance of statement-taking within criminal procedural law. It addresses fundamental concepts, the practical manifestation of statement-taking, its interaction with suspect rights, and the challenges encountered in this area. Additionally, it evaluates prohibited methods of obtaining statements and their legal consequences, referencing judicial decisions and scholarly opinions. By assessing the evidentiary value of statements and their compliance with evidentiary prohibitions, the research aims to contribute to theoretical knowledge and offer practical solutions to implementation issues. The procedures and principles for statement-taking, alongside interrogation, are regulated under Articles 145 and 147 of the Turkish Criminal Procedure Code (Law No. 5271). Prohibited methods of obtaining statements and the resulting legal outcomes are detailed in Article 148.

Author

Ernil Kanaş

How to Cite

Ernil Kanaş (Master Thesis). Taking statements in criminal procedure law, 2024, Dicle University.

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