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Called to Give a Statement: The Rights of a Suspect

The statutory rights of a suspect when giving a statement to the police or the prosecutor, and what to check in the statement record.

Author: Att. Ahmet Bertuğ Dönmez Date: 31 July 20261 min read

The rights of a person summoned to give a statement as a suspect are listed in Article 147 of Code of Criminal Procedure No. 5271 (CMK). These rights must be explained before the statement is taken.

Main rights

  • To be informed of the accusation
  • To choose defence counsel and receive legal assistance; if unable to, to request that the bar association appoint one
  • To have a relative informed of the arrest
  • To remain silent on the accusation, apart from identity information
  • To request the collection of concrete evidence to clear the suspicion
  • To put forward points in their favour

Prohibited methods

Statements obtained through ill-treatment, torture, forced medication, exhaustion, deception or unlawful promises cannot be used as evidence, even with consent (CMK Art. 148).

Do not sign the record without reading it

The statement is recorded and read to you or given to you to read. If something you did not say has been written, ask for it to be corrected; if it is not corrected, you have the right not to sign, and this is noted in the record.

A statement taken by the police without defence counsel present cannot form the basis of a judgment unless confirmed before a judge or court (CMK Art. 148/4).

Sources

  • Code of Criminal Procedure No. 5271, Arts. 147, 148
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