The Stages of a Criminal Investigation in Turkey and the Suspect's Rights

An investigation is the evidence-gathering stage, conducted by the public prosecutor, that runs from when a suspected offence becomes known until the indictment is accepted; protecting the suspect's rights at this stage directly shapes the course of the subsequent trial.

Commencement of the Investigation

Under Criminal Procedure Code No. 5271 (CMK), as soon as the prosecutor becomes aware of a situation suggesting an offence has been committed, they open an investigation of their own motion to decide whether public proceedings should be brought. An offence may come to light through a complaint, a report, or the police's own detection.

The Evidence-Gathering Process

During the investigation, physical evidence at the scene, witness statements, camera footage, digital data, and expert reports are gathered through lawful methods; evidence obtained unlawfully cannot be used at trial.

The Detention Process and the Suspect's Rights

Detention is the restriction of a person's liberty for a specified period on suspicion of having committed an offence. During detention, the suspect is granted the rights to learn the offence they are accused of, to remain silent, to choose defence counsel and receive their legal assistance, to have their relatives notified, and to undergo a medical examination upon entering and leaving custody. Consultation with counsel is always confidential, and no restriction may be placed on this consultation.

Judicial Control and Pre-Trial Detention

If there is a risk of flight or evidence tampering during the investigation, judicial control measures (such as a travel ban or a reporting obligation) or a pre-trial detention order may be issued against the suspect; pre-trial detention is an exceptional measure that may only be applied by a judge's decision, and only for the serious offences specified by law.

Conclusion of the Investigation

If the evidence gathered is considered sufficient, the prosecutor prepares an indictment and files the case; if the evidence is insufficient, a decision not to prosecute is issued. The victim may object to this decision within fifteen days of its notification.

Practical Recommendations

Working with a lawyer during the investigation stage is critically important for ensuring evidence is properly gathered and defence evidence is submitted on time; do not hesitate to request defence counsel if you are taken into custody.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.