Mesajı Okuyun
Old 04-02-2010, 14:17   #5
themis01

 
Varsayılan

CMK
CHAPTER TWO
Procedure of interview or interrogation
The style of an interview or interrogation

Article 147 – (1) During the interview or interrogation of a suspect or an accused the following rules apply:
a) The identity of the suspect or accused shall be established. The suspect or accused is obliged to provide correct answers to the questions related to his identity.

b) The charges against him shall be explained.

c) He shall be notified of his right to appoint a defense counsel, and that he may utilize his legal
help, and that the defense counsel shall be permitted to be present during the interview or interrogation. If he is not able to retain a defense counsel and he requests a defense counsel, a defense counsel shall beappointed on his behalf by the Bar Association.

d) The stuation of arrest without a warrant of an individual shall be immediately notified to one of the relatives of his choice, unless Article 95 provides otherwise.

e) He shall be told that he has the legal right to not give any explanation about the charged crime.

f) He shall be reminded that he may request the collection of exculpatory evidence and shall be given the opportunity to invalidate the existing grounds of suspicions against him and to put forward issues in his favor.

g) The individual who is interviewed or interrogated shall be asked about information of his personal and economical status.

h) During the recording of the interview or interrogation, technical means shall be utilized.

i) A record of an interview or interrogation shall be produced and these minutes shall contain the following issues;

1. The place and date of the conducted interview or interrogation,
2. The name and function of the individuals present during the interview or interrogation, as well as the open identity of the individual who is being interviewed or interrogated,
3. Verification of whether the interactions listed above have been fulfilled during the interview or interrogation, if not, the grounds for non-compliance,
4. Verification that the contents of the minutes had been read by the individual interviewed or interrogated and his defense counsel who was present and then signed by them both.
5. If they refrain from signing, the grounds for not signing shall be noted.