Polisin ifade alma yetkisi ve yöntemleri

The aim of prep investigation is preparing the last investigation coining after the prep investigation in the scheme of judgement as a different view is making it (last investigation) better, quiker and assuredly.Thc saying of aim like this isn't meaning of the prep investigation is passing to the last, investigation. It can be understood in the prep investigation as well it will be given up the last investigation and judgement will end in the prep investigation. In the last investigasiton, for using tune and labour reasonably it is just given to the court declaration, documents, signal, which can be teal proof. Prep investigation picks aside this real proof. First reason needing the prep investigation is for reducing the occupation of court and to pick aside things that saving the bodies from wrong assertion and the prep investigation must clearly determine the asserter and asserted. Maybe the first (prep) investigation shows that there is no need for the last investigation and the judgement procedure may end. This end will reduce the court occupation and preserve asserted person from the public's wrong thougt which make him shy and difficuilties naming as an offender. Prep investigation is a phase of judgement. As other saying prep investigation is a judgement activitiy is containing defency.assertment and judgement activities. Public prosecuters's investigation. prep investigation is to response the two needs.lt is understood that if there is need for the court and the occupancies of judge is reducing, Searching the clues that will luminiate the crime the.there is an activity of inspecting. For that reason the public prosecutor may make the police interesting in inspecting. This position is accepting for solving the crime event. Our laws attitude is like that but there is not enough law how the police do this. The activity taking expression of police docs by the order of public prosecutor. Our law taking that cxplaination can be done by police just the time is delay will become danger. At the near time the increasing of crime is big that today some crimes with it's all searching and concluding as well all investing procedures arc given to the police. At the top of the elements of prep investigation the office of prosecutor comes first. As a rule the duty of the public prosecutor is to manage the investigation and to go to a conclusion.Getting information and inspecting which is the theme of prep investigation needs special technical methods and it is the job of police. because of taht reason the criminal. Police is one of the main elements of prep investigation. Public prosecutor's managing the investigation which is performed by police in fact is on tch document. Public prosccutersgive the duty to police and at the and of investigation they go to an conclusion. The meaning of being inspecting the proofs and the source of the proofs is search for the proofs and this is also police's duly. The laws has given this duty to police. When police is avare from the crime they will take the necessary measures for the proofs not spoiling. Inspecting crimes is the duty or police but this is not a diffuculty for the public prosecuter's inspecting crimes personally. According to the law- numbered 3005,nt serios incidents police only lake the neccesseray measures for protecting the proofs of crime but at the other incidents police is charged with getting the proofs and evidences and at the same day bringing tehm to the office of prosecutor. The person's who arc victim, suspicious and informer concerned with teh invest igation, expressing what they know.scc and hear is called `explanation` The scientific researches which were made with tch people who had seen or heard an incident is old as this book which has written at IS 12, The authority of police' s getting explanation. At the prep investigation one of the offices that has serios responsibilities is police. Police is the organization that prevents the infraction of the laws and brings the persons who infringe the laws to the office of prosecutor with the proofs to be able to be punished. However the public prosecutor can make the investigation prosedures personally about the crime he can get the job done to tch police(CMUK 1 54) When we consider the rapid increasing of criminals.especially nowadays it can be easily understanded that the pubic prosecutor can't investigate all teh suspicious events personally. But police is checked by the prosccuter at this activities. Because of the police is being the office which perform the procedure during the prep investigation police is the investigation organ which faces to insidents first. With tch beginnig of the resarches belonging to the crime and also with the begining of the prep investigation police is putting the job in an order is needed in this stage. At the prep investigation,if accusing someone of a crime is necessary or not will be invcstigatcd.Making an elimination saves the effort and time of public prosecutors. Who don't attend79 the investigation personally. In accordance with the law numbered 3842 and the paragraph 154/2 CMUK,all the police forces arc charged with informing the public prosecuture immediately about the incident which they face, the persons who they seize and the measures which they take. And they arc also charged with fulfilling the orders, concerning the court system,of tch public prosecutors. Public prosecutors give the orders written. But at the urgent conditions they can also give oral orders. When they give an oral orders they inform «lie superior of the police. It is considered that police forces would make avaliable the seized persons, tch witnesses of the incident and the documents of the investigation at the date and place which is stated. Besides this, at some crimes the duty of investigation involves a technical position and needs detectives. During the prep investigation the expressions.the documents and the tracks about the committed crime will be investigated and tried to find out. At this time judicial police tries to get the thing which can be proof. All the police forces make their judicial duties in the name of public prosecutor. At the prep investigation the real and main responsable is the public prosccutcr. Someone's being siezed and being taken under custody without giving information to the public prosccuter would accused police office is of torturing. Because of thet reason the paragraph 154 was changed and so the public prosccuters domination has increased. In practice.the office of the prosccuter usually gives the duties concerning police to the pol ice departments and police soldier commands. At the prep investigation.the authority of going to a conclution belongs to tch public procecutcer.In the practice the public prosecutors manage all the prep investigation personally. But because of their being so busy they give the work of performing the investigation to police. Besides this position and needs detectives. During the prep investigation ıch expressions,thje documents and the tracks about the committed crime will be investigated and tired to find out. At this time the judical police tries to get the things which can be proof. At the most of the incidents public prosccuter get the information about existing a doubl of crime and being investigated about it. after that police has finished the investigation. Because of (lint reason.it can be said that almost all of the prep investigation is managed by police forces. So that reason it obliges that police must be educated better about legal and professional subjects. Only in this way the right of the persons who face to police can be protected. But the position and the facilities of police is not suitable for (his. This feat which is created by the practice conditions obliges establishing an organization which has all necassary technical equipment; Is expert about criminals.interrogating and finding proofs and ıch most importand of all is respectful to the human rights. It is `crime police`. While policve interrogate someone ask questions based on cither the authority of preventing or the atministrative authority. Besides this there can be intelligance which is the passing step of the two duties. Police's taking the expressions is not a kind of listening the witnesses and besides this it is not interrogating the criminal. Like selekting the 7 stones in a rice sack. Police will ask questions to everyone then select the important one. The aim is finding a clue and follwing this clue. Police can ask the necessary informaition from all kind of instituious at the sub jet is which arc the duty of police. There is an obligasion about replying questions correctly an cornplctly. During the investigasions police can call the persons that police need their expressions and ask them necessary things.(PVSK/15) Police's authority of getting expressions stems from cither administrative investigasion or judical invcstigasion.Thc persons who will be taken expressions by police arc thcsc;thc victim. Ihc complainant, the informcr.thc witnesses, the distrustful >crson and the other persons who arc necessary for their expressions. The date must be declared to the persons who arc called by police previously, if the person has an appropriate excuse, his excuse should be accepted. Firstly police will identify the person and police won't use forcclf police need get the expressions more than one person they won't bee all together. Police don't gel cxprcssons only at the police stations. However much it is being undcrslantlcd from PVSK like this police cany on his activities out of the station.it is said: `get expressions` to this activity which is done at the place where the crime is the eommitcd and at out of the police station. Polices are suspicious and apart from the soccity. Hccausc of that reasons they think every person who lias a relation with the crime as a criuiinalMosi of the time even the victim is one of Ihc criminals for police. When police interrogate the person who they suspect, they try o get a confession from that person. When we analyse the police culture we realise that police can make tricks to be able to be more active.80 Getting expression is a way for finding the truths. Police's being suspicious, being far from (lie soccity and making tricks can transform the job of gelling expression into the effort of getting confessions. Because of that reason this way must be used carefully. The job of getting expression generally occurs at the pllace where police has authority because of that there can be same presses both physically and spiritually to the accused. At the judgement of the officials (he first investigation is done by the administration. Here an investigator is charged and he gets the expression. Like this positions the investigator should be the superrior and the dispute inside the institution should be thought. If (he person who is invited the police station,is accused or has the right of refusing being a witness.before getting his/her has sould be and taught. The accused has the right of being silent. this obligation is useful for the accused's learning (he rights which he has. Wiht the change taht made in 1961 at this law before the person who faces the police first as accused being gotten his expression sholud be informed about the reason of sizing having the right of being silent and being able to negtliate with a lawyer every step of the investigation. tins has become an obligation. During the expression the forbidden methods is not used. 89