The most critical moment of a criminal investigation is often the first statement. A person in custody who does not know what they are saying, what they are signing or which rights they can exercise may end up with a file that is hard to correct later. The Turkish Code of Criminal Procedure grants the suspect concrete rights at this stage.
Rights that must be explained on arrest
- The offence they are accused of
- The right to choose a lawyer and to benefit from legal assistance; if they cannot afford one, a lawyer is appointed by the bar
- The right to have a relative informed of the arrest
- The right to remain silent about the accusation
- The right to request that evidence in their favour be collected
Custody time limits
As a rule, custody may not exceed twenty-four hours, excluding the time needed to bring the person before the nearest judge. In offences committed collectively, the public prosecutor may extend this period up to three days, by no more than one day at a time. At the end of the period the person is either released or brought before a judge with a request for pre-trial detention.
Why a lawyer at the first statement matters
- The written statement is binding.: Saying later that you meant something else does not erase what the record says. Your lawyer checks that the record matches what was actually said.
- Silence cannot be held against you.: Remaining silent before seeing the file is often the safer choice; a lawyer helps you make that decision.
- A statement taken without counsel cannot found a conviction.: A police statement taken without a lawyer present cannot be relied on for a judgment unless the suspect confirms it in court.
If a relative has been taken into custody, reaching a lawyer without delay is decisive both at the statement stage and in any later objection against detention.