Abstract:

Custody is a legal position that starts with the decision of the General Attorney. During custody, General Attorney or the police or the gendarmerie record the person's expression. Statement is a kind of evidence tool and a way of defense. Because of this, the statement in the custody has a value of evidence for either prior investigation or last investigation. In the prior investigation, it has an importance of both obtaining the other evidence tools and getting rid of the doubt by the General Attorney. The Code of Criminal Procedure which is the numbered of 5271 recognizes the value of evidence in the last investigation for the statement which is taken in the prior investigation by the General Attorney or the police or the gendarmerie. According to the CCP. and art. 213, if there is a conflict between the first and last statements and if the statements are recorded by the judge, the court or the General Attorney or the police or the gendarmerie in the presence of the lawyers, the statements are read in the last investigation and are also used in the verdict. In the old code, the statements that were obtained by the General Attorney or the police or the gendarmerie were not included in the last investigation. When the judge tried to reach the verdict, he could not use those statements as evidence tools (old art. 247 and 1). If there was a conflict between the first and last statements according to the old art. 247/2, the first statement could be read in the last investigation for destroying the conflict between them. Despite this, the judge could not use those statements directly when he tried to reach the verdict.

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