Taking statements in criminal law

Procuring and establishing justice is made possible by accurately determining unlawfulness. Proceeding of applying declarations of individual or individuals who have been considered to commit a crime, and hence characterized as suspect is called taking statements. Rules and procedures of taking statements providing crucial contributions to attaining material fact which is leading objective of criminal justice, and guiding investigation process are settled by articles 145-148 of Criminal Justice Law with the number of 5271, and the By-law of Roundup, Holding and Taking Statement putting the codes of practice forward. In order for a statement to be considered as an evidence during judicial process, it is necessary to procure transactions within the limits of legal acts when statements are taken by public prosecutors and law enforcers as competent judicial authorities using legal technics and tactics. Mispleads at this stage may remove the possibility of making use of the statements, and perhaps lead to the loss of a valuable evidence. This study consists of three sections. The status of the stage of taking statements in criminal procedure, the legal rights of the suspect who is the subject of the trial at this stage, and historical evolution of the judicial approach on this issue have been addressed in the first section. Rules and procedures of taking statements in Turkish criminal procedure have been explained in the second section. In the last section, this study has been completed by evaluating the technics and tactics of taking statements, forbidden procedures, and statements itself at the context of the law of criminal procedure.