What Is the Difference Between a Police Statement and Judicial Questioning in Turkey?

Although the concepts of "statement" and "questioning" are often confused in Turkish criminal procedure, they refer to two distinct acts carried out at different stages, by different authorities.

The Core Difference Between a Statement and Questioning

Under Criminal Procedure Code No. 5271 (CMK), a statement is taken from a suspect before the police, gendarmerie, or the public prosecutor's office during the investigation stage; questioning refers to a defendant being heard before a judge or the court during the prosecution (trial) stage. This distinction directly affects which stage the process is in and how you should exercise your rights.

The Right to Defence Counsel

Under Article 147 of the CMK, a person whose statement will be taken or who will be questioned must be expressly informed that they have the right to legal assistance from defence counsel and may choose one; if a person is unable to choose counsel and wishes to benefit from this assistance, a lawyer is appointed by the bar association (mandatory defence counsel). Counsel has the right to be present during the statement or questioning and to consult privately with their client.

The Legal Effect of a Statement Taken Without a Lawyer

Under Article 148 of the CMK, a statement taken by the police without defence counsel present cannot be used as a basis for judgment unless it is confirmed by the suspect or defendant before a judge or the court. This provision shows that having a lawyer present when a statement is taken is not merely a right, but a critical safeguard for the validity of the evidence itself.

The Right to Remain Silent

A suspect or defendant has the right not to make any statement about the offence alleged against them; exercising this right cannot be treated as evidence against them and does not imply an admission of guilt.

Prohibited Methods in Taking a Statement or Questioning

Under Article 148 of the CMK, taking a statement or conducting questioning through methods that affect the free will of the suspect or defendant — such as mistreatment, torture, administering drugs, exhausting the person, deception, force or threats, or the use of certain devices — is prohibited; statements obtained through such methods cannot be used as evidence even if given with apparent consent.

Practical Recommendations

If you are called to give a statement, contact a lawyer as soon as possible and avoid giving a statement without your lawyer present; remember that exercising your right to remain silent carries no adverse consequence.

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