In some cases, the words they say do not take effect when people testify before the court. These are situations such as drug use, torture, threats. Even if it does not involve physical violence, the statement obtained without a lawyer will only become effective if it is approved in court. It cannot be based on the verdict unless the person confirms his statement without a lawyer. You can look at the example Supreme Court decision.
13. Criminal Department
Base Number: 2014/24767
Decision Number: 2015/11737
“Case Law Text”
Court :Criminal Court of First Instance
Crime : theft, purchase or acceptance of criminal property
Verdict: acquittal
The sentence given by the local court was appealed and the file was examined and considered necessary. :
It is understood that the victim of the crime…was not duly informed of the crime, there was no notification, including the comment that he may be sentenced in his absence if he did not come despite the call, and there was no letter stating that the notice letter had reached the said company, in which case the victim of the crime had the right to participate; CMK 237/2. in accordance with the article …’s acceptance of the request to participate in the court’s addition 17.01.2014 additional decision was removed in the appeal review;
Cmk 148/4. Article 6 contains the provision that” testimony received by law enforcement without defense is not based on judgment unless confirmed by the suspect or defendant in the presence of a judge or court”, while in our case we describe a total of 10 separate incidents in the defense of law enforcement without defense from the defendants…. although he stated that they committed the crime together with the other defendant, in the later stages and in all stages, the other defendants denied and denied the accusation, again, the defendant … did not confirm the statement of law enforcement without defense before the judge or court.; The court ruled unanimously on 24.06.2015 that the provision found in accordance with the procedure and law and based on discretion was upheld, as a notification, because the content of the files and hearing minutes, the reason on which the decision was based and the discretion of the participating deputy was not seen at the Appeal site.
(CMK= Criminal Procedure Law)
