Why does the first statement matter so much?
The most decisive moment in a criminal investigation is the one people are least prepared for. What to know before giving a statement.
By: Can Karadavut
In criminal investigations what shapes the course of a file is often not the courtroom but the first statement given at the police station or before the prosecutor. A sentence recorded at that stage may appear as evidence against you in court months later.
The right to silence is not an admission
The Code of Criminal Procedure grants a suspect the right to remain silent. Exercising this right does not mean admitting the offence and cannot be interpreted against you. Speaking without knowing the content of the file or the evidence relied upon can cause even a well-intentioned sentence to be misunderstood.
The right to counsel exists at every stage
You may request counsel before your statement is taken. If you do not have a lawyer, you may ask for one to be appointed by the bar association; this request must be recorded. Counsel is present during the statement and may examine the file.
What to know beforehand
- You have the right to learn what accusation you have been called about.
- Read the record from beginning to end before signing; you have the right to have an incorrectly recorded statement corrected.
- You are not obliged to answer a question you do not understand; you may ask for it to be explained.
- You have the right to point to evidence in your favour; an investigation does not only gather evidence against you.
If you have been called as a witness
A witness is in a different position from a suspect: as a rule a witness is obliged to tell the truth. However, you have the right to refrain from statements incriminating yourself or your close relatives.
This article is for general information only and does not replace legal advice on a specific matter.