In criminal proceedings, diagnosis and confrontation are two similar legal procedures. But the position they are in and the circumstances in which we, as lawyers, can intervene vary. For example, diagnosis is the process before indictment. In other words, it is a legal process done at the stage of the investigation. However, after the indictment, it is important to know that in exceptional cases, the investigation phase, but in general, the diagnosis is the investigation phase, and the confrontation phase is a legal procedure before the court.

Diagnosis is a legal procedure applied at the request of the public prosecutor in the judicial branch. In other words, it is not a legal process involved in any legislation.

Purpose In Diagnosis

The purpose of the diagnosis is that we have a suspect, and we are investigating whether this suspect is the perpetrator. A legal action to determine this is a diagnosis. Whether the suspect is the perpetrator is the main element.

Currently, the legislation is a legal procedure that does not have any legal basis applied in the law enforcement agencies, but has been re-regulated in the law of law enforcement in the PVSK ( Police Law).

However, when we examine the files we received during the prosecution phase, I can say that as much as 80% of the diagnostic procedures are illegal. The first document we need to examine in the file during the prosecution is the diagnostic record. It’s a heavy legal process. The Shape conditions are severe. A healthy diagnosis cannot be made when these are not performed. Because when a wrong diagnosis process is established about a wrong person, a wrong judgment is made and a wrong verdict is established by that wrong process. There are also examples of this. This legal process should be applied as a last resort to make the diagnosis. If there is concrete evidence, there is no way to go to the facility process. For example, there is a camera recording and the perpetrator can be identified from the camera footage. If there is a camera recording on file, there is no way to diagnose it. Or, if a sperm sample came from the coroner’s office in an abuse file, the report cannot be used to diagnose it. However, if we give another example ; If the first image of a person with a white beret and jeans is a person who was killed deliberately in the killing file, however, you must be the person who fits the physical conditions that dressed the tradesmen there during the diagnosis phase. However, if the person has an image taken from behind, we can still say that the diagnosis process can go. However, this can only be accomplished if there is no clear image from the front. PVSK (Police Law ) additional Article 6 – the article regulating the conditions of the figure. The diagnosis process is in accordance with the law or in violation of the law can be realized by complying with the conditions specified in this article.

We need to have a suspect in custody before we can make a diagnosis. Let’s say that a woman’s purse was stolen on a street police officers on the street tariff on the appropriate 4 people in the police car to be taken to identify the woman is against the law. Because there must be a detention order before diagnosis. In addition, the person’s dark skin, height and attributes as well as the same description should be dressed in the same clothes should be diagnosed with the same recipe. In addition, we can say that the process of diagnosis directly without going to camera and mobese images is a violation of the law.

Another condition is mandatory..

If the basic procedure is after a detention decision, then there must be no concrete evidence. Because the diagnosis is the latest procedure and is a dangerous one. If the child is the victim, it is not in the best interest of the child, even if the child is considered to be in a traumatic situation in terms of a very careful diagnosis process can be done to the child.

It is generally seen that there is a decision of custody, confiscation, and most recently a decision of identification. Here’s what we need to understand. The identification process is carried out at the request of the public prosecutor. The prosecutor can come, but usually the prosecutor does it on instruction. When we go to the police station, we have to ask for this written order as a lawyer. Diagnostic procedures cannot be performed on an oral instruction. A lawyer must be present in the identification process. As per CMK 149, the right to be with the client in any transaction that may be in favor of and against the client cannot be prevented in any way. If the diagnosis was made before we left when we went to law enforcement, the statement said, ” the diagnosis was made in my absence. I had to be here in accordance with CMK 149/3.” CMK 149/3 should be evaluated at all stages of Investigation and prosecution, not just for the diagnostic process.

How Is The Diagnosis Done?

In fact, a kind of Behzat Ç police series of the diagnosis should be made exactly the same process. One of the conditions should be done in the diagnostic room. So it needs to be closed. One of the types of diagnosis in Turkey is selective diagnosis, in the case of selective diagnosis, more than one person is brought before the victim and the witness. The client has suspicion and extras. They will have 5-6-7 people with them. That’s an elective diagnosis. It is a valid type of diagnosis in Turkey. The other is that the individual diagnosis is one-to-one, and a single person is put in front of the victim and the witness. This is against the law. It does not apply. Another diagnosis is an implicit or explicit diagnosis. Accordingly, while the victim and the witness can see the suspect in the closed environment, i.e. in the diagnostic room, the mirror between them and the suspect and the extras cannot see the opposite side. This is the diagnostic room. If the diagnosis is made according to this, it is called implicit diagnosis. One-to-one diagnosis without a mirror is an open diagnosis. In Turkey, the type of implicit diagnosis is valid. Photo diagnosis is made in our country. It is also used in robot painting. It is also used in diagnosis in photos taken from social media. But a certain amount of time has to pass. 5-6-7 people are usually present, although it is not specified how many other people will be in the diagnostic process other than the suspect. In Germany this number is 20. The greater the number, the more likely the perpetrator is to be found. That’s why the number is important.

Physical Conditions Of The Diagnostic Room

There is a mirror that divides the room in two. There are no victims or witnesses , but prosecutors, clerks and police are on the other side and suspects and extras are on the other side. In practice, other police officers at the police station are placed as sideshows next to the suspect.

However, a person who has gone to the police station to complain before sees the person in the police station directly elerler. Other than that, a sideshow cop is usually like a police station house and therefore they move very easily. This type of diagnosis is very likely to smile. The moment you see someone smiling in front of the victim and the witness, he’ll take it off the list. It is a serious violation of law for police to be present in the identification process. In practice, however, all of the extras are usually police. In addition, if there is a picture of a robot that is reported to the press, then the identification process will be against the law. In Europe, extras are usually professional persons with a fee. In addition, if the person is 190 in height and is a brunette, figures similar to these qualities should be included in the identification process. In other words, a blonde or a person of 1.55 height would not be an accurate diagnosis.

Confrontation

Usually the first action taken during the prosecution phase is confrontation. Whether the diagnosis is made is very important. The court usually asked the victim and witness, ” Do you know the people behind you?”or “do you know the defendant,” “do you know Ahmeti?”, “do you know?”he can ask your questions. But “was this the person who stole your purse? he can’t ask a question like”. Because this is the leading question, we need to put it in the minutes of the hearing. While it may be possible for the court to take the confrontation with SEGBIS on the video record, it is imperative that the confrontation made for the children of the victim be recorded. It was arranged in this way because it would be in the best interest of a child so that there would be no possibility of repeated confrontations.