Ceza Muhakemesi̇nde Şüpheli̇ni̇n İfadesi̇ni̇n Alinmasi Ve Sorguya Çeki̇lmesi̇ne İli̇şki̇n Hükümleri̇n Eleşti̇rel Bi̇r Değerlendi̇rmesi̇

Abstract

The subject of the study is to examine in detail taking into account code of criminal procedure and other rules of law that taking the statement of the suspect by the public prosecutor or law enforcement and interrogating of him by the criminal judge, which are a few of the most important procedures of the investigation phase. The basic regal arrangement in this regard in article 147 of the code of criminal procedure. Within the scope of the study, firstly, the provisions of law regarding the taking statement of the suspect who was taken into custody and of the free suspect were examined, and the diff erence between the statement taken by the public prosecutor and by the law enforcement was evaluated in terms of proof. Afterward, the rules referred to in article 147 about taking the statement of the suspect and interrogated him were discussed. These rules consist of two groups, namely the procedural arrangements to be followed in the form of identification of the suspect and the registration of transactions, as well as taking information about the suspect's personal and economic situation and telling them their rights. In this context, the right to benefit of defense counsel, which is one of the rights to should be told to the suspect before taking his/her statement or interrogation about the accusations against him, and the legal regulations regarding being told to the suspect's relatives that he was caught, and the problems arising from the implementation was dwelled on. Keywords: Taking the statement of the suspect, interrogating of the suspect, the procedure of taking the statement and interrogating of the suspect, telling the rights of the suspect, the right to remain silent, the right to benefit of defense counsel, taking a statement down. 2 Bkz. ARICAN, s. 44; APİŞ, s. 54. 3 ARICAN, s. 54. 4 "Madde 135-Sorgunun pt dasında kend s ne snad ed len suçun neden baret olduğu sanığa b ld r l r. Bu hususta cevap vermek stey p stemed ğ sorulur. Sorgu, şahsın kend lehne olup söyleyeceğ del llere man olmamalıdır. Sanığın b r nc sorgusunda k m olduğu ve şahs haller hakkında dah malumat alınır." 5 Ancak CMUK md. 236/2'de duruşmada sanığın sorguya çek lmes n n de md. 135'e göre yapılacağı bel rt lm şt .