Özet:

Procedures forbidden during the interview and interrogation are listed in the Article no. 148 of Criminal Procedure Code; and it is outlined that the statements based on such procedures cannot be accepted as evidence even if those are given out of the suspect’s free will. While it could be understood what most of these forbidden procedures mean and what they include, we cannot note the same thing for deception. Because unlike misconduct, torture, administering medicines or drugs, physical coercion and threatening, deception is not considered as absolute and clear violation of human dignity and it has been considered that investigating officers would be incapacitated in the event that all kinds of tricks the law enforcement officers practice are considered as deception. Therefore, what the deception as forbidden procedure means, should be defined. Another issue that needs investigating is when individuals’ acting on behalf of and in the name of law enforcement officers will be considered as interrogation and in what cases this role reversal will be considered as deception in terms of the Article no. 148 of Criminal Procedure Code.

Anahtar Kelimeler: