You have the right to remain silent
Pursuant to Article 147 of the CMK (Criminal Procedure Code), your right to not make a statement regarding the charged offense (to remain silent) must be reminded during interrogation. The exercise of the right to remain silent cannot be used as evidence against you. Furthermore, you must be clearly informed of the offense attributed to you.
Right to request a lawyer
Pursuant to Article 149 of the CMK, you may benefit from the assistance of counsel (a lawyer) at every stage of the investigation; pursuant to Article 150, if you request it, the bar association will appoint a free counsel. A statement taken by law enforcement without counsel cannot be used as a basis for judgment unless confirmed in court (CMK Art. 148/4).
How long is the custody period?
Pursuant to Article 91 of the CMK, the custody period, excluding the time taken to send the person to the nearest judge from the place of apprehension, is a maximum of twenty-four hours; in cases of crimes committed by multiple perpetrators, this period can be extended by a maximum of three days, provided it does not exceed one day at each extension. An objection to the custody procedure can be made to the Magistrate Criminal Court.
Your Rights at the Time of Apprehension
The apprehended person must be immediately informed of the reason for apprehension and the allegations against them; they have the right to notify their relatives. Handcuffs and the use of force are only permissible under legal conditions; a health check is mandatory both at the beginning and end of custody. Violation of these safeguards may result in the illegality of the evidence obtained.
Counsel's Authority to Examine the File
Your lawyer can examine the contents of the file during the investigation phase and obtain copies of the desired documents; this authority can only be restricted by a judge's decision in cases where it might jeopardize the purpose of the investigation. Even if there is a restriction order, interrogation records and expert reports cannot be concealed from the lawyer. Therefore, for the proper establishment of the defense, it is critically important for the counsel to review the file before the statement is taken.
Three Possibilities After Interrogation
After the statement, the suspect is either released or referred to the Magistrate Criminal Court with a request for judicial control (such as signature requirements, travel bans abroad, electronic tagging) or with a request for arrest. Arrest is an exceptional measure dependent on the simultaneous existence of strong suspicion of crime and suspicion of flight or evidence destruction, and is subject to objection at every stage.
What to Pay Attention to During Law Enforcement Interrogation?
The record should not be signed without reading and understanding it; you have the right to request the correction of missing or incorrectly written points. A statement taken by law enforcement without counsel cannot be used as a basis for judgment unless confirmed in court. Statements obtained through pressure, fatigue, or deception constitute unlawful evidence. The exercise of the right to remain silent cannot be interpreted against you.
Objection to Custody and Procedures
An objection can be made to the Magistrate Criminal Court against the custody order and its extension; the judge can order the immediate release of the person. In cases of unlawful custody and arrest, if the conditions are met, compensation can be claimed from the state. For every stage of the investigation, you can obtain detailed information from our criminal law page.
Practical Notes: The Importance of the First 24 Hours
The fate of criminal cases is often determined within the first twenty-four hours. The statement given during this period becomes the reference text for all subsequent stages; contradictory statements can be used against you even years later. Our practical recommendations are as follows: when you receive an invitation to make a statement, first ascertain the accusation and gather your documents; go to the statement with a lawyer — counsel is not only a legal safeguard but also a guarantee for the accuracy of the record. Do not delete correspondence and records on your phone; this creates suspicion of evidence destruction and can be recovered through technical examination. If a search is conducted at your residence or workplace, inquire about the scope of the search warrant and carefully check the record. Avoid making social media posts in cases that have received media attention. It should be remembered that the investigation is confidential and the presumption of innocence is fundamental; a well-constructed defense often leads to a resolution without the need for prosecution. When a relative is held at a station near the Antalya Courthouse, timely legal support during police custody in Kepez can shape how these first hours unfold.
To Whom is Compulsory Counsel Appointed?
If the suspect is unable to choose counsel, a free counsel is appointed by the bar association upon request. However, in some cases, a request is not sought: children under the age of eighteen, suspects who are disabled to the extent they cannot defend themselves, or who are deaf and mute, and in crimes requiring a minimum sentence of more than five years of imprisonment, the appointment of counsel is mandatory. Compulsory counsel is a procedural safeguard for the validity of the statement and the hearing; procedures carried out in its absence become unlawful.
Checklist for Custody and Interrogation
Practical steps for yourself or your relative:
- Ascertain in which unit they are being held and the alleged offense.
- Immediately notify a lawyer; if none, request counsel from the bar association.
- Not giving a statement before the lawyer arrives is a legitimate choice — there is a right to remain silent.
- Ensure that health reports are obtained in accordance with procedure.
- Do not sign the record without reading it; have your objections recorded in the minutes.
For the subsequent judicial control and detention processes of the investigation, you can refer to our criminal law page.
Resources
- Code of Criminal Procedure (Law No. 5271) Arts. 90-91 (apprehension and custody), Art. 147 (interrogation procedure), Arts. 149-150 (selection and appointment of counsel) — mevzuat.gov.tr
- Constitution Art. 19 (personal liberty and security)
The current versions of legal texts can be accessed via mevzuat.gov.tr.