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Regulation On Arrest, Detention And Statement Taking

Regulation On Arrest, Detention And Statement Taking

REGULATION ON ARREST, DETENTION AND INTERROGATION

PART ONE

Purpose, Scope, Basis and Definitions

Objective

Article 1 – The purpose of this Regulation is to regulate the procedures and principles to be followed in the execution of the arrest, detention, taking into custody and statement-taking procedures carried out by all judicial law enforcement officers and, when necessary or upon the request of the public prosecutor, other law enforcement officers performing judicial law enforcement duties, during the judicial investigation to be carried out in line with the information and orders of the public prosecutor.

Scope

Article 2 – This Regulation covers the procedures of arrest, detention, taking into custody and taking statements, as well as judicial law enforcement officers and all law enforcement units performing judicial law enforcement duties when necessary or upon the request of the public prosecutor.

Basis

Article 3 – This Regulation is subject to the provisions of the Code of Criminal Procedure No. 5271 dated 4/12/2004, the Law on the Establishment, Duties and Trial Procedures of Juvenile Courts No. 2253 dated 7/11/1979, the Law on Police Duties and Powers No. 2559 dated 4/7/1934, Prepared based on the Law on the Organization, Duties and Authorities of the Gendarmerie No. 2803 dated 10/3/1983, the Law on Coast Guard Command No. 2692 dated 9/7/1982, and the Decree Law on the Organization and Duties of the Undersecretariat of Customs No. 485 dated 2/7/1993.

Definitions

Article 4 – In this Regulation

Forensic law enforcement: Security officers who carry out the investigation process specified in Articles 8, 9, 10 and 12 of the Law on Police Organization dated 04/06/1937 and numbered 3201, Article 7 of the Law on Gendarmerie Organization, Duties and Authorities numbered 2803, Article 8 of the Decree Law on the Organization and Duties of the Undersecretariat of Customs numbered 485 and Article 4 of the Coast Guard Command Law numbered 2692,

Information gathering: In order to detect or clarify a crime, to listen to the complainant, the person harmed by the crime and other persons who are not under suspicion of committing a crime and to record it in the minutes,

Interrogation: The hearing of the suspect by law enforcement officers or the public prosecutor in relation to the offense under investigation,

Case of undue delay: In the event that traces, artifacts, signs and evidence of the crime are lost or the suspect escapes or cannot be identified unless immediate action is taken,

Detention: Temporary restriction and detention of the liberty of the arrested person in a manner that does not harm his/her health within the legal period until he/she is brought before the competent judge or released in order to complete the proceedings against him/her, in accordance with the authority granted by the law,

Detention unit: The law enforcement units authorized and tasked with keeping the arrested person in custody within the legal period until the procedures against him/her are completed and he/she is referred to the judicial authorities or released,

Detention and custody officer: Ensuring that persons taken into custody or under custody are read their rights, records are kept and that they are treated in accordance with the law

Personnel assigned by the relevant police station, unit or boat commander, supervisor or bureau chief for this purpose,

Prosecution: The phase starting with the acceptance of the indictment until the finalization of the verdict,

Financially responsible: A person who will be affected by or bear the consequences of the judgment by bearing material and financial responsibility after the judgment and its finalization,

Detention: Restriction of liberty and detention of persons who must be brought before the competent authority in cases authorized by law, in a manner that does not harm their health and to the extent necessary until they are received by the relevant institutions or persons,

Defense Counsel: The lawyer who defends the suspect or defendant in criminal proceedings,

Detention Center: A place where suspects or defendants are kept until the procedures against them are completed and they are transferred to the judicial authorities,

Defendant A person who is under suspicion of a crime from the start of the prosecution until the finalization of the judgment,

Interrogation: The hearing of the suspect or defendant by a judge or court in relation to the offense under investigation or prosecution,

Investigation The phase from the learning of the suspicion of a crime by the competent authorities according to the law until the acceptance of the indictment,

Surreptitious: The crime committed by the person who is caught by the law enforcement, the person who is harmed by the crime or others by being pursued and caught immediately after the commission of the crime, the crime committed by the person who is caught with objects or evidence showing that the act has just been committed,

Suspect A person under suspicion of a crime during the investigation phase,

Collective crime: A crime committed by three or more persons, even if there is no will to participate between them,

Attorney: A lawyer who represents a participant, injured party or financially responsible person in criminal proceedings,

Arrest The temporary and de facto restriction of the freedom of a person who needs to be taken under control in order to eliminate an existing danger to public security, public order or the body or life of a person, or who has strong traces, traces, signs and evidence that he/she has committed a crime, before being taken into custody or custody,

refers to.

 

SECTION TWO

Arrest, Detention and Custody

 

Power to arrest, detain and take into custody

Article 5 – Law enforcement officers

a) In cases where the delay is inconvenient and there is no possibility to apply to the public prosecutor or their immediate superiors; persons for whom an arrest warrant should be issued or an arrest warrant should be issued or suspects for whom there are strong traces, traces, signs and evidence that a crime has been committed or a crime has been attempted in case of being caught red-handed or in other cases where the delay is inconvenient,

b) Those who disobey the orders given by the law enforcement officers in accordance with the law and procedure and those who do not comply with the measures taken,

c) Persons who resist or forcibly resist the law enforcement force with the intention of preventing them from performing their duties and who are likely to continue their actions if they are not apprehended,

d) Those who have an arrest warrant, arrest and arrest warrant issued by the competent authorities or those who must be apprehended for failing to fulfill an obligation required by law,

e) Those who buy, sell, possess or use drugs and stimulants,

f) Those who are intoxicated to the extent that they cause public disturbance or scandal, or those who attack others in a state of intoxication,

g) Those who disturb the peace and tranquility of the people, those who continue to do so despite warnings, those who attack others and those who fight,

h) Persons who are mentally ill, addicted to drugs and stimulants or alcohol, vagrants or persons who may transmit diseases and who pose a danger to society in order to fulfill the measures taken in accordance with the principles specified by law for their treatment, education and rehabilitation in an institution,

ı) Children who are ordered by the court to be placed in child care and orphanages or similar public or private institutions or to be brought before the competent authority,

i) Persons who seek to enter or have entered the country illegally or against whom a deportation or return decision has been taken,

may arrest them.

It is authorized to arrest and take under custody persons who cannot prove their identity with a document or with the testimony of persons recognized or trusted by law enforcement officers, or persons whose veracity of the documents they present is doubted, for a period not exceeding twenty-four hours until it is understood whether they are wanted persons or until their true identity is revealed. These persons shall be given the necessary facilities to prove their identity.

Temporary arrest may be made by anyone in the following cases:

a) The person is encountered while committing the offense,

b) There is a possibility that the person being pursued for an offense is likely to escape or there is no possibility to immediately identify him/her.

Although the investigation and prosecution of the offense is subject to complaint, the arrest of the person is not subject to complaint in cases of a crime committed against those who are incapable of managing themselves due to physical or mental illness, disability or incapacity.

According to the third paragraph of Article 90 of the Criminal Procedure Law No. 5271, if the suspect is apprehended before the complaint, the arrest shall be notified to the person authorized to file a complaint, and if there is more than one of them, at least one of them.

Arrest process

Article 6 – Arrest may be made within the framework of the powers set forth in Article 5, by the decision of a judge or by the order of a public prosecutor, or directly by a law enforcement officer or by anyone in case of an offense.

In order to prevent the captured person from escaping or harming himself/herself or others, he/she shall be subjected to a rough body search, and it shall be ensured that he/she is free of weapons and similar items.

During the arrest, measures shall be taken to prevent the destruction or deterioration of traces, signs, artifacts and evidence of the crime.

The arrested person, regardless of the offense, shall be immediately notified of the reason for the arrest and the allegations against him/her, his/her rights to remain silent, to benefit from a defense counsel, to object to the arrest, his/her other legal rights and how to exercise his/her right of objection, in writing in any case, or verbally if this is not immediately possible.

In the event of an arrest by a law enforcement officer, the procedure, the person arrested and the measures taken shall be immediately notified to the public prosecutor.

A relative of the arrested person or a person designated by him/her shall be informed of the arrest and the order to extend the detention period without delay by order of the public prosecutor.

The arrest shall be recorded in a report. In this report, it shall be clearly written for what offense, under what circumstances, at what place and time, who made the arrest, which law enforcement officer detected the arrest, and his/her rights shall be fully explained, and a copy of this report shall be given to the person arrested. This person shall also be given a signed copy of the “Arrest and Detention Record Suspect and Accused Rights Form” (Annex A) annexed to this Regulation stating that his/her rights have been notified in writing and that he/she has understood this matter.

In cases where the person is caught in the act of committing a crime or there is a possibility that the person being pursued for a criminal offense may escape or there is no possibility to immediately identify him/her, the person who is caught by others and handed over to law enforcement officers or who is caught by law enforcement officers in these cases or in cases requiring an arrest warrant or arrest warrant to be issued against him/her and in cases where there is an inconvenience in delay; the public prosecutor is immediately informed about the person caught by the law enforcement officers due to the lack of the opportunity to immediately apply to the public prosecutor or his/her superiors, and the public prosecutor is immediately informed about the person and the incident and action is taken in accordance with his/her order. The verbal order given by the public prosecutor shall be converted into written form as soon as possible and, if possible, notified to the relevant law enforcement officer by the most rapid means of communication; otherwise, it shall be made ready to be received by the relevant law enforcement officers. However, the law enforcement officer shall fulfill the verbal order without waiting for the order to be put in writing.

If the arrested person is not released by the order of the public prosecutor, he/she shall be taken into custody for the completion of the investigation.

After the provision of the second paragraph of this article is applied to persons apprehended for the purpose of being taken under custody, the reason for the apprehension, the right to object to the apprehension and how to exercise this right shall be immediately notified. Those who need to be taken to a correctional or treatment institution shall be taken by the relevant institutions. In case they are not taken, the situation shall be recorded in a report and a copy of the report shall be sent to the administrative authority.

Measures to be applied to persons to be apprehended and transported

Article 7 – Persons who are arrested or detained and transferred from one place to another may be handcuffed if there are indications that they may escape or that they pose a danger to their own or others’ life or physical integrity.

Notifying relatives

Article 8 – The person apprehended

a) If there is a person with him/her, through this person,

b) By telephone, if he/she resides in the place where the offense was committed or where he/she was apprehended and knows the telephone number of his/her relative to whom he/she will notify or if he/she can be otherwise identified through the law enforcement agency,

c) If he/she does not know the telephone number of the relative he/she will inform, through the relevant local police department,

d) If the residence is outside the crime scene, by telephone or by contacting the place where the person’s address is located,

The arrest, detention or extension of the period of detention shall be notified without delay by order of the public prosecutor to a relative or a person designated by him.

If the person arrested or detained is a foreigner, the embassy or consulate of the country of which he/she is a citizen shall be notified, unless he/she objects in writing.

The arrest of the person for the purpose of being taken into custody shall be immediately notified to his legal relatives of his choice.

Health check

Article 9 – In cases where the detained person is to be taken into custody or captured by force, his/her health status at the time of capture shall be determined by a medical examination.

The health status of the detainee shall also be determined with a medical report before the detainee is relocated for any reason, the detention period is extended, released or referred to the judicial authorities.

Detainees whose health condition deteriorates for any reason and those whose health condition is suspected of deteriorating shall be immediately examined by a physician and treated if necessary. Those who have a chronic illness shall be examined and treated by an official physician under the supervision of their own physician, if any, upon their request.

It is obligatory that the law enforcement officer who takes the statement of the detained person or conducts the investigation and the law enforcement officer who takes this person to the medical examination are different. However, if there is no different law enforcement officer due to lack of personnel, this situation shall be documented.

Medical examination, control and treatment shall be performed by the forensic medical institution or official health institutions.

The physician’s report shall be issued in triplicate. The law enforcement officers shall notify the unit that will issue the medical report in writing whether the arrested person was brought to the detention center for an entry report or an exit report.

One copy of the report of arrest or entry to the detention center shall be kept by the health institution issuing the report, the second copy shall be given to the detainee, and the third copy shall be given to the relevant law enforcement officer to be added to the investigation file.

Of the physician’s reports issued during the extension of the detention period or change of location or release from custody; one copy shall be kept at the health institution, and two copies shall be sent to the relevant public prosecutor’s office in a sealed and sealed envelope by the health institution issuing the report. One copy of these shall be given by the public prosecutor to the detainee or his/her representative and one copy shall be attached to the investigation file. The rules of confidentiality specified in Article 157 of the Criminal Procedure Law No. 5271 shall be complied with in the preparation and submission of these reports to the Chief Public Prosecutor’s Office and necessary measures shall be taken by the relevant health institution for this purpose.

In case the physician finds any evidence during the examination that the crimes of torture as specified in Article 94, aggravated torture as specified in Article 95 and torture as specified in Article 96 of the Turkish Criminal Code No. 5237 have been committed, he/she immediately notifies the public prosecutor. In this case, action shall be taken in accordance with Articles 7 and 8 of the Regulation on Physical Examination, Genetic Examinations and Determination of Physical Identity in Criminal Procedure.

It is essential that the physician and the person examined remain alone and that the examination is carried out within the framework of the physician-patient relationship. However, the physician may request that the examination be carried out under the supervision of a law enforcement officer, citing personal security concerns. This request shall be documented and fulfilled. In this case, upon the request of the detained person, the defense counsel may also be present during the examination, provided that it does not cause delay.

The examination of the woman shall be carried out by a female physician upon her request and when facilities permit. If a female physician is not available despite the request of the woman to be examined, care shall be taken to ensure that a female healthcare professional is present with the physician during the examination.

Security search

Article 10 – The following provisions shall apply to the person brought to the detention unit:

a) She shall be duly searched before being placed in a holding cell or, in cases of necessity, in places allocated for this purpose. The body or body search of the woman is carried out by a female officer or another woman to be assigned for this purpose.

b) She is freed from objects that may harm her such as belts, ties, ropes, cutting and piercing tools.

c) The belongings and money found on her are taken under custody. A report indicating the type, serial number and amount of the money, the characteristics and brand of the goods shall be prepared and a copy of this report shall be given to the person searched.

Detention center procedures

Article 11 – The entry of the person who has been body searched into the detention room is ensured by recording in the “Notebook for the Registration of Those Taken into the Detention Room” (Annex B) annexed to this Regulation.

In the custody cell procedures;

a) Those involved in the same offense, those who are enemies, men and women shall not be placed together, children shall be kept separately from adults.

b) No more than five people shall be kept together in the detention center except in cases of necessity.

c) Compulsory needs such as toilets and cleaning are met under the supervision of the officer in charge.

d) Food and drinks are checked in advance.

e) If the detainee starts to show an aggressive attitude or attempts to harm himself/herself, he/she is first tried to be taken under control verbally. If this is not possible, force may be used to eliminate his/her behavior. However, force shall not be used unless it is necessary and unless the life, body integrity or health of the detainee or others is endangered.

f) Persons whose aggressive attitudes and behaviors cannot be controlled are sent to health institutions for medical intervention.

g) Necessary measures shall be taken to protect the right to life of detainees and they may be subjected to surveillance for this purpose. Surveillance may be recorded to the extent of technical possibilities.

h) The expenses of feeding, transportation, protection of the detainee’s health and treatment when necessary, and informing his/her relatives of his/her arrest shall be covered from the budget appropriations of the Ministry to which the relevant unit is affiliated.

Book for the record of those taken into custody

Article 12 – Detention procedures shall be determined by writing in the book for the record of those taken into custody. In this book, which is subject to audit:

a) Identity information;

1) Name and surname,

2) Mother and father’s name,

3) Gender,

4) Place and date of birth,

5) Place of registration,

6) Volume, family sequence and registration number,

7) Passport number for foreigners,

8) Residence address, work address and telephone numbers,

9) Republic of Turkey identification number,

b) Information on the basis of detention;

1) The alleged crime, reason for detention,

2) Place and date of the crime,

3) On whose orders he was arrested and taken into custody,

4) Name and surname of the public prosecutor notified,

5) Date and time the public prosecutor was notified,

6) Information collection process part registration,

c) Entry procedures;

1) Place, date and time of capture,

2) Date and time of entry,

3) The authority, date, number and summary of the medical report received upon entry,

4) Materials received during the body search, signature of the deliverer and receiver,

5) Name, surname, rank and signature of the officer who made the entry,

d) Procedures related to the suspect;

1) Notified relative or designated person, address and telephone number,

2) Name and telephone number of the diplomatic mission notified,

3) Name, surname, registration and signature of the reporting personnel,

4) Date and time of notification,

5) Signature of the suspect that he/she has been informed,

6) Whether an interpreter was provided, name, surname and signature of the interpreter,

7) Statement and signature that he/she wants a defense counsel,

8) The name of the bar association or the name and surname of his/her own lawyer, if he/she has requested an intervener,

9) Name and surname, registration number, time of arrival and signature of the defense counsel,

10) The authority deciding on the extension of time, the date and number of the decision and the extended period,

e) Exit procedures;

1) Date and time of removal,

2) The authority to which he was referred,

3) Date and number of the referral document,

4) Name, surname and signature of the receiving officer,

5) Materials delivered to the person and their signature,

6) Materials delivered to the officer and his/her signature,

7) Temporary departures,

8) Announcement, procedures and conclusion,

9) Name, surname, rank and signature of the officer who performed the check-out,

10) Name, surname, rank and signature of the supervising officer,

shall be indicated.

In addition to the mandatory information mentioned above, other information deemed necessary may also be included in this book.

 

PART THREE

Detention Period, Release and Transfer to Judicial Authorities

 

Detention period

Article 13 – Pursuant to Article 90 of the Code of Criminal Procedure No. 5271, a person apprehended shall be taken into custody for the completion of the investigation, unless ordered to be released by the public prosecutor.

The period of detention may not exceed twenty-four hours from the moment of arrest, except for the mandatory period for being sent to the nearest judge or court to the place of arrest. The mandatory period for being sent to the judge or court closest to the place of arrest may not exceed twelve hours.

If it falls within the jurisdiction of the heavy criminal courts in charge of the offenses listed in the first paragraph of Article 250 of the Criminal Procedure Law No. 5271, this period is forty-eight hours.

Extension of the detention period

Article 14 – In crimes committed collectively, due to the difficulty in collecting evidence or the large number of suspects, the public prosecutor may order in writing to extend the detention period for three days, not exceeding one day at a time. The order to extend the detention period shall be immediately communicated to the detainee. No one may be deprived of his/her liberty after the expiry of these periods without a judge’s order.

No. 5271 Criminal Procedure Law No. 5271, Article 250, paragraph one, for the crimes falling within the jurisdiction of the heavy criminal courts in charge of the crimes listed in Article 250, paragraph one, and for the persons apprehended in the regions where a state of emergency has been declared pursuant to Article 120 of the Constitution, the period of four days specified in paragraphs one and three of Article 91 of the same Law may be extended up to seven days upon the request of the public prosecutor and the decision of the judge. The judge shall listen to the arrested and detained person before making a decision.

Application to the judge against arrest and detention

Article 15 – Against the written order of the public prosecutor regarding the arrest, detention or extension of the detention period, the arrested person, his defense counsel or legal representative, his spouse or first or second degree blood relative may apply to the criminal judge of peace to ensure his immediate release. The petition of the arrested person shall be delivered to the authorized judge as soon as possible.

Taking the arrested person to the competent court

Article 16 – A person arrested in the investigation or prosecution phase upon a warrant issued by a judge or a court shall, if he cannot be brought before the competent judge or court within twenty-four hours at the latest, be brought before the nearest criminal judge of peace within the same period; if he is not released, he shall be arrested to be sent to the competent judge or court as soon as possible.

Referral to competent authorities or release

Article 17 – The arrested person shall be released immediately by the law enforcement force upon the order of the public prosecutor if no reason for his/her detention can be established or if the reason for his/her arrest disappears.

If the arrested person is one of the persons for whom rehabilitation or treatment measures should be taken, he/she shall be delivered to the relevant institution.

Detention periods are maximum periods and it is essential that the procedures of detained persons are completed as soon as possible.

Detained persons shall be immediately referred to the relevant public prosecutor’s office by the law enforcement officer without waiting for the detention period to expire.

Against the order of the public prosecutor regarding the arrest, detention or extension of the detention period, the release decision issued upon the application to the judge shall be immediately implemented.

Personal belongings and money taken into custody shall be delivered to the person concerned in full and the security search report issued at the entrance shall be annotated and signed by the person concerned.

The referral or release and the reason for it shall be attached to the “Referral/Release Record” (Annex-C) annexed to this Regulation, a copy of which shall be given to the person released from custody.

Prohibition of re-arrest

Article 18 – Upon the expiry of the detention period or upon the decision of the criminal judge of peace, the person who has been detained and released shall not be arrested for the same reason again unless new and sufficient evidence is obtained regarding the act giving rise to the arrest and unless the public prosecutor so decides.

Special provision on children

Article 19 – The powers of arrest and interrogation in respect of children are restricted as follows:

a) Those who have not attained the age of twelve at the time of committing the act and deaf and dumb persons who have not attained the age of fifteen;

1) cannot be apprehended for a crime and cannot be used in any way in the detection of crime.

2) Arrest may be made for the purpose of identification and detection of crime. He/she shall be released immediately after identification. The identified identity and offense shall be immediately notified to the Chief Public Prosecutor’s Office by the presiding judge or judge of the court as a basis for taking a cautionary decision.

b) Children who have reached the age of twelve but not yet eighteen may be arrested for a crime. These children shall be immediately referred to the Chief Public Prosecutor’s Office by informing their relatives and defense counsel; the investigation concerning them shall be conducted by the Chief Public Prosecutor or the Public Prosecutor to be assigned by him/her and shall be carried out according to the following provisions:

1) The parents or guardian shall be notified that the child has been taken into custody.

2) Even if he/she does not request it, he/she shall benefit from a defense counsel, and his/her parents or guardian may choose a defense counsel.

3) The statement of the suspected child is taken provided that the intervener is present.

4) His/her parents or guardian may be present during the statement, unless it is determined to be contrary to his/her interests or there is a legal obstacle.

5) They shall be kept in separate places from adults.

6) If the offenses specified in the Law No. 2253 on the Establishment, Duties and Trial Procedures of Juvenile Courts are committed together with adults, the documents related to children shall be separated during the investigation phase and their investigations shall be conducted separately.

7) The identities and actions of children shall be kept confidential.

8) If the victim of the crime is a child, no complaint is required for the arrest and investigation of the suspect in cases of red-handed crimes committed against them, in acts whose prosecution depends on the complaint of the person harmed by the crime.

9) Procedures concerning children shall, as far as possible, be carried out by plainclothes officers.

10) Handcuffs and similar devices may not be used on children. However, in cases of necessity, necessary measures shall be taken by the law enforcement officers in order to prevent the child’s escape and the dangers that may arise in terms of the life or physical integrity of the child or others.

 

SECTION FOUR

Matters Concerning the Intervener

 

Appointment of an attorney

Article 20 – The suspect or the accused may benefit from the assistance of one or more defense counsels at every stage of the investigation and prosecution; if he has a legal representative, he may also choose a defense counsel for the suspect or the accused.

In the investigation phase, a maximum of three defense counsels may be present during the statement-taking.

At every stage of the investigation and prosecution phases, the right of the defense counsel to meet with the suspect or defendant, to be present during the interrogation or interrogation and to provide legal assistance may not be prevented or restricted.

If the suspect or the accused declares that he/she is not in a position to choose a defense counsel, a defense counsel shall be assigned by the bar association upon his/her request.

If the suspect or defendant is under the age of eighteen or is deaf, dumb or disabled to the extent that he/she is unable to defend himself/herself and does not have a defense counsel, a defense counsel shall be appointed without his/her request.

In the investigation and prosecution of crimes punishable by imprisonment for at least five years, a defense counsel shall be appointed without the request of the suspect or defendant.

Meeting with the defense counsel

Article 21 – The suspect or defendant may meet with his/her defense counsel at any time and in an environment where others cannot overhear what is said, without the need for a power of attorney. Their correspondence with the defense counsel shall not be subject to inspection.

Before and during his/her meeting with his/her defense counsel, the arrested person shall be given pen and paper upon his/her request.

Provided that the investigation is not delayed and if the arrested person so requests, up to three defense counsel may be present at the statement without a power of attorney.

An interview room with appropriate conditions shall be reserved for the interview in each law enforcement unit.

Inspection of investigation documents by the defense counsel1

Article 22 – During the investigation phase, the counsel may examine the contents of the file and may obtain a copy of the documents he/she requests without a fee. The written order of the authorized public prosecutor is required for the investigation file in the custody of the police.1

If the examination of the contents of the file or taking samples of documents by the counsel may jeopardize the purpose of the investigation, this authorization may be restricted by the decision of the criminal judge of peace upon the request of the public prosecutor.

The provision of the second paragraph shall not apply to the minutes containing the statement of the arrested person or suspect, expert reports and the minutes of other judicial proceedings in which the aforementioned persons are authorized to be present.

The counsel may examine the contents of the file and the preserved evidence from the date the indictment is submitted to the court by the Chief Public Prosecutor’s Office and may take copies of all minutes and documents free of charge.

The rights contained in this article shall also be enjoyed by the attorney of the person injured by the crime.

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