Called to Give a Statement: What Should I Do?

1. The police called: what should I do first?

Being called by the police, gendarmerie or prosecutor to give a statement does not by itself mean that you have been found guilty or will necessarily be detained. You may be a witness, victim or person under investigation. The first step is to verify the call and establish what procedure it concerns.

1. Identify the unit calling. Note its name and address, the officer’s details, the appointment date and time, and any investigation number.
2. Verify the call independently. Contact the unit through the institution’s official contact details. Do not send banking passwords, verification codes or money to someone you do not know.
3. Ask in what capacity you are being called. There are important differences between being heard as a suspect, witness, victim or complainant.
4. Find out the subject of the summons. The file number and information about the incident help a lawyer assess the matter. Not being told the whole case over the telephone differs from not being informed of the accusation during questioning.

Article 145 of the Code of Criminal Procedure (CMK) requires a summons for a statement or judicial questioning to clearly state the reason and warn that failure to attend may lead to compulsory attendance. Telephone calls do not all have the same legal effect. Verify the call and assess the procedure instead of assuming “no written document arrived, so I need do nothing”. [1]

2. Suspects, witnesses and complainants: the differences

Although commonly described as “giving a statement”, these capacities differ. Technically, hearing a suspect before law enforcement or a prosecutor is statement-taking (ifade alma); questioning before a judge or court is judicial questioning (sorgu).

You may be both a complainant and a suspect in the same incident. If an interview begins as a witness interview but questions turn to whether you committed an offence, ask for your capacity and rights to be explained. An initial statement that “we just want information” does not alone determine the legal nature of the later procedure. [1]

A witness may decline to answer questions that could expose themselves or relatives specified by law to criminal prosecution. There are also grounds for declining testimony based on family relationships or professional duties. These are governed by Articles 45–48 of the CMK and are not equivalent in scope to a suspect’s right to silence.

3. Should I attend with a lawyer?

If called as a suspect, consulting a lawyer beforehand helps you understand your rights and the scope of the case. Requesting a lawyer is not an admission. Defence counsel (müdafi) may provide legal assistance at every stage of the investigation and be present during statement-taking. [1]

A lawyer does more than sign the record. They examine the accusation and accessible documents, explain your rights, identify evidence in your favour and check that your statement is recorded accurately. Access to an investigation file may be restricted by judicial order for certain offences, so not every document will necessarily be accessible from the outset.

As a rule, suspects and defendants may consult their lawyer out of others’ hearing without a power of attorney being required. For certain offences specified by law, a judge may restrict a detained person’s access to their lawyer for 24 hours; no statement may be taken during that period. This special exception does not mean that access to a lawyer can routinely be prevented. [1]

A witness may also obtain legal advice beforehand. However, not all rules on defence counsel’s presence during questioning and appointment through the bar association apply to witnesses in the same way.

4. Can I request a lawyer through the bar association?

A suspect or defendant who states that they are unable to retain a lawyer is assigned defence counsel on request. Tell the police or prosecutor taking the statement that you request appointment through the bar association. This CMK appointment procedure differs from privately engaging a lawyer under a fee agreement. [1]

In some circumstances, appointment of counsel is mandatory even without a request. Examples include a child without defence counsel or a person unable to defend themselves in the circumstances specified by law. Mandatory representation under Article 150 of the CMK also applies to offences carrying a minimum prison sentence exceeding five years. The test is not “a maximum of five years” or “the possibility of receiving five years”.

For victims and complainants, Article 234 of the CMK applies. Appointment on request may be available for sexual assault, child sexual abuse, stalking and other listed offences; certain child victims or victims unable to express themselves may require appointment without a request. Do not assume the same unconditional entitlement applies to every complainant. [1]

5. How does the right to silence work?

A suspect has the right not to make a statement about the accusation. Exercising that right is not a confession. The obligation to answer identity questions accurately nevertheless continues. The right to silence is not a right to give false identity information. [1] [2]

You can discuss with your lawyer which matters to address and which require examination of documents. Do not assume you must answer hastily before understanding the accusation; ask for it to be explained and for unclear questions to be rephrased.

Remaining silent differs from giving a false account. If you do not know or genuinely do not remember something, say so; do not fill gaps with guesses. Falsely accusing someone else or fabricating documents may have separate legal consequences.

6. How should I prepare?

• Prepare identification and summons details. Bring your identification, summons and case details.
• Set out the sequence of events. Note dates, places, people and events as you remember them. Distinguish what you know from what others told you.
• Preserve documents. Keep messages, receipts, contracts and records unchanged. Where possible, preserve original records rather than screenshots alone.
• Identify evidence in your favour. State where camera footage, witnesses or transaction records can be obtained. Prompt requests may be important for footage that could be deleted.
• Explain health and communication needs. Tell officers about regular medication, health conditions, hearing difficulties or language needs.

Coordinating a shared account with others, deleting messages or altering evidence is not proper preparation. The aim is to present what you actually know and the existing documents in an organised way.

If your Turkish is insufficient to express yourself, or you require communication support because of a disability, request an interpreter and suitable communication arrangements. Article 202 of the CMK also applies to suspects, victims and witnesses heard during an investigation. [1]

7. What should I pay attention to during questioning?

After establishing a suspect’s identity, the accusation and rights must be explained. The suspect must be given an opportunity to request collection of specific evidence capable of dispelling suspicion and to raise matters in their favour. [1]

1. Understand the question. Ask what is meant if it is unclear.
2. Distinguish the source of your knowledge. Do not describe things you saw, heard or learned later with the same degree of certainty.
3. Identify estimates of dates and amounts. Do not let uncertain recollections be recorded as definite knowledge.
4. Examine documents shown to you. If asked about a message or signature, do not give a definite assessment without seeing it.
5. Raise omissions immediately. Ask for corrections if your statement is recorded differently or an important explanation is omitted.

A statement must be voluntary. Threats, ill-treatment, exhaustion impairing free will or promises of unlawful benefits are prohibited. If this occurs, tell your lawyer, request that it be recorded and seek a medical assessment where necessary. A statement obtained by prohibited methods cannot be used as evidence even if consent was given. [1]

8. Checklist before signing the record

The record is the written account retained in the file, not the general impression of the conversation. Do not sign without reading it on the assumption that “I explained it, so it must be correct”.

• Are your name, capacity, location and date correct?
• Does the record accurately reflect notification of the accusation and your rights?
• Are your request for a lawyer and the lawyer’s presence or absence correctly recorded?
• Are distinctions between “I saw” and “I heard”, or “I know” and “I assume”, preserved?
• Are dates, amounts, names and important sentences correct?
• Are explanations in your favour, documents supplied and evidence you requested recorded?
• Are all pages and attachments present?

Do not sign a blank or unfinished page. If a correction is refused, have your objection and, where relevant, your reason for declining to sign recorded; discuss it with your lawyer. Refusing to sign does not automatically erase the statement or record. Article 147 of the CMK also provides for recording the reason for refusing to sign. [1]

9. What happens if I do not attend?

Do not ignore a duly issued summons without a valid excuse. Under Article 145 of the CMK, a suspect or defendant who fails to attend may be ordered to be brought before the authority. Witnesses who fail to attend without an excuse following proper summons may also face compulsory attendance and liability for resulting expenses. Relevant provisions also apply to summonses for victims and complainants. [1]

If illness or another serious obstacle prevents attendance, promptly inform the unit, provide documentation where possible and confirm how the procedure will continue. Reporting an excuse does not automatically mean that a new date has been granted.

A petition submitted by your lawyer does not invariably remove the need to give a statement personally. The nature of the summons and the authority’s procedure must be assessed together.

10. Could I be detained or remanded in custody afterwards?

Being called to give a statement, being detained in police custody and being remanded in custody are different procedures. You may leave after giving your statement without further action, or additional steps may follow depending on the case. Neither “I attended voluntarily, so I cannot be detained” nor “I was summoned, so I will certainly be remanded” is correct.

Police custody has its own statutory requirements. Remand in custody is not a decision made by law enforcement alone; a judge or court assesses conditions including strong suspicion supported by concrete evidence, grounds for detention and proportionality. [1]

If the procedure becomes detention, ensure that rights such as access to a lawyer, notification of relatives and medical examination are observed. If your liberty is restricted, assess the legal basis and remedies with a lawyer.

11. I gave a statement without a lawyer or left something out

Find out what your previous statement contains and identify the omission or error precisely. It may be possible to submit additional explanations or documents, but a new statement does not automatically erase the previous record. Explain the reason for the change and provide supporting documents where available.

A special rule applies to statements taken by law enforcement without a lawyer. Under Article 148(4) of the CMK, such a statement cannot form the basis of a judgment unless confirmed by the suspect or defendant before a judge or court. This does not invalidate the entire file or remove other evidence. Remember that the rule concerns statements taken by law enforcement. [1] [3]

Where a suspect must be questioned again about the same incident, Article 148(5) requires the public prosecutor to take that statement. Rather than simply going to the police station to “change the previous statement”, assess the appropriate method of submitting a correction.

12. Does giving a statement close the case?

Taking your statement does not necessarily complete the investigation. Other interviews, document or expert examinations and the prosecutor’s assessment may continue. Outcomes may include a decision not to prosecute or an indictment.

• Record the file number and the unit handling the matter.
• Request a copy of the record, personally or through your lawyer, to the extent legally accessible.
• Submit new documents and evidence through the proper procedure and preserve records.
• Check your address and contact details and monitor subsequent service of documents.
• Assess the specific deadline for any new summons or decision separately.

The most useful starting point is: establish your capacity, understand your rights, distinguish knowledge from assumptions and check that the record accurately reflects what you said.