Giving A Statement Without A Lawyer
In some cases, the words spoken by a person during his/her testimony at the police station before the court are not valid. These include the use of drugs, torture and threats. Even if it does not involve physical violence, a statement taken without the presence of a lawyer is only valid if it is confirmed in court. Unless the person confirms the statement given without a lawyer, it cannot be taken as a basis for judgement. You can examine the Sample Court of Cassation Decision.
13th Criminal Chamber
Principal Number: 2014/24767
Decision Number: 2015/11737
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Theft, purchase or acceptance of criminal property
ANSWER : Acquittal
The judgement given by the local court was appealed, the file was examined and the necessity was considered:
It is understood that the person damaged by the crime …. was not duly notified of the crime, no notification was made including the annotation that a judgement could be rendered in his absence if he did not come despite the call, and there was no letter stating that the notification letter reached the named company, in this case, the person damaged by the crime has the right to participate; In the appellate examination made by accepting the participation request of …. in accordance with Article 237/2 of the Code of Criminal Procedure and lifting the additional decision of the Court dated 17.01.2014;
Article 148/4 of the Code of Criminal Procedure stipulates that “the statement taken by the law enforcement officers without the presence of the defence counsel cannot be taken as a basis for judgement unless it is verified by the suspect or the defendant in the presence of the judge or the court”, and in our case, in the defence of the accused … without the presence of the defence counsel, while describing a total of 10 separate incidents, he mentioned this incident in the 6th place.
Although he stated that he committed the crime together with the other defendant …, in the following stages and at all stages, the other defendants denied and denied the accusation, and it is understood that the defendant … did not confirm the statement of the defendant … in the presence of the judge or the court. According to the content of the file and the minutes of the hearing, the reasoning and discretion on which the decision is based, the appeal request of the participant’s attorney was not deemed appropriate, and therefore the judgement, which is in accordance with the procedure and the law and based on discretion, was APPROVED as the notification, 24. 06.2015 unanimously.
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