Basic Principles Not be Overlooked in The View and Solution of Events

2. Cause of the Incident

Every interaction leaves certain traces at the scene of the crime. According to Locard’s principle, any contact leaves a trace. These traces are extremely important for solving the crime. However, detecting these traces requires detailed knowledge and expertise. The process of collecting evidence must be done meticulously because even a small mistake can change the course of the investigation.

Evidence is a fundamental element in the clarification of the case. Physical traces are more reliable than witness statements because they provide concrete evidence. But witnesses also play an important role in understanding the case. However, testimony is a subjective experience and the process of recall may change over time. Therefore, witness testimony may be weak in some cases.

Nowadays, many cases are concluded on the basis of witness testimony. This may indicate that the process of collecting and analysing evidence is not given due importance. However, in the justice system, material evidence should come before witness statements. Because material evidence provides more objective and concrete information.

In conclusion: “Every contact leaves a trace (Locard). Traces (Evidence) are the elements that illuminate the event. Identifying traces requires specialisation and dexterity. The weakest trace is the witness. However, unfortunately, even today, many judgements are made on the basis of witness statements instead of evidence research.”

Basic Principles Not be Overlooked in The View and Solution of Events

1. Cause of the Incident

There is always a reason or reasons behind every incident. This is true both for ordinary events that we encounter in everyday life and for complex criminal cases. Understanding the factors that influence the occurrence of an event allows us to better comprehend that event. For this reason, it is of great importance to carefully establish the chain of causation of each event and to meticulously analyse each link in this chain.

Criminologists and researchers, in particular, need to analyse the incident in depth in order to identify the motivations behind a murder or other crime. For this, it is necessary to consider the context in which the incident occurred, the time period, local conditions and the psychological state of the people involved. All these elements contribute to the understanding of the incident and play a critical role in solving the offence.

There is always a reason for every incident. The chain of what may be the reason(s) for this event should be established and analysed one by one to the finest detail. Many successful homicide detectives carry out such detailed investigations in order to solve the complexity of the cases. As emphasised in the detective novel Phenomenon, written by a homicide detective trained by the Police Force and known for his superior skills, and a must-read for everyone, especially for every criminologist, “He who finds the cause solves the problem” (E. Taştekin, 2024, Fenomen page 35).

AN OVERVIEW OF PRIVATE SECURITY PRACTICE IN TURKEY;1-Private Security in Turkey has a complementary function to Public Security.
2-Private Security personnel work in areas other than public areas such as streets and avenues at designated locations. In matters such as close protection, transportation of valuable documents and money, their area of duty may vary.
3- With in the area of duty, they have authority and responsibility of the Police and Gendarmerie which are the general law enforcement agencies,
4- Private security service in Turkey is implemented in 3 ways.
-Institutions-organizations can establish private security organizations within their own bodies.
– Institutions-organizations can purchase services from companies that received operating license
from the Ministry of Interior.
– Institutions-organizations can implement protection services in a mixed way.
5- The legal practice prior to 2004 only allowed for private security within the unit. It also required the mandatory protection by these units of sensitive places that needed to be protected in terms of state security.
6- The new law, which entered into force on June 26, 2004, introduced reforming changes and has brought innovations.
7- Entering and exiting the scope of private security is based on the free will of institutions and organizations.
8- Private security companies, which existed in the past and carried out their activities under private law, but whose duties, powers and responsibilities were not clear, were included within the scope of the law.
9- Training activities, which were previously under the responsibility of the Ministry of Interior, were transferred to private security training institutions.
10- The age of 18 and 90 hours of basic training for unarmed private security guards and the age of 21 and 120 hours of basic training for armed private security guards and the requirement to be successful in the exam have been introduced. In addition, a refresher training is required every 5 years.
11- In order for successful candidates to take office, they must also have health and other conditions, security investigations are carried out, and those who have not been convicted of the crimes specified in the law are given a work permit and identity card and are allowed to become private security personnel.
12- Private security activities are carried out under the Police and Gendarmerie organizations, which are general law enforcement agencies under the Ministry of Interior.
13- In the central unit of the Police Organization, the service is carried out at the Branch Directorate level.
14- Especially public institutions and organizations continue to employ private security personnel.
Such that, within the scope of the main investigation works of the Police and Gendarmerie and the economy of service, Police and Gendarmerie Station and Building protection services and point duties will increasingly have to be provided by Private Security.
15- Private security guards have greatly reduced the workload of the general police (Police and Gendarmerie) in areas such as terrorism, sabotage, corporate security, theft, etc.
16- Foreign private security companies operating or establishing partnerships in Turkey are subject to the principle of reciprocity.
17- Within the framework of the principles of reciprocity, there is no obstacle in terms of national and international legislation for the protection services of sensitive points, especially Embassies and Consulates, to be carried out by private security. It is only a matter of time before we encounter practices in this direction.
18- It is also worth emphasizing the following. Turkey is a fully secured country in terms of private security practices, and foreign investments receive great support.
19- Turkey is open to joint ventures, training and investments in private security practices and technological security with all countries that have made progress in this field, especially with the European Union countries.
20-) As a person who participates in the establishment and deployment of the private security system and who was selected as the Bureaucrat of the year, I would like to announce that we are ready for any kind of cooperation in establishment, investment and organizations in this manner.

101st anniversary of the founding of our Republic. Happy Republic Day.

We participated in the backgammon tournament organized within the scope of the 101st anniversary of the founding of our Republic. Next is the astroturf tournament. Hope to meet on the fields, happy Republic Day.

101st Anniversary of the Founding of the Republic

  We participated in the boxing tournament organized within the framework of the 101st anniversary of the founding of our Republic.
Participating in the tournament was a great source of pride for us. Boxing, as a sport that requires discipline, dedication and perseverance, has a character that overlaps with the values of the
Republic. The interest of our young people in this sport is a harbinger of greater success in the future.
We wish success to the entire boxing community. Such organizations demonstrate the unifying power of sports and offer a great opportunity to pass on the values of our Republic to younger generations.
We hope to meet again in future events and congratulate all our athletes and supporters. Happy 101st anniversary of our Republic

THE ISSUES AND PRINCIPLES TO BE CONSIDERED IN CRIMINAL INVESTIGATION AND TRIAL FILES

1-) Three statements of the suspect are very important. The law enforcement statement, the prosecution statement (sometimes the law enforcement statement may be sufficient) and the interrogation statement given at the Court of First Instance. Utmost care must be taken to ensure that all three statements are given with the support and supervision of a lawyer.

2-) The most important of these three statements is the first statement. This statement constitutes the touchstone of the entire trial. Even if the statement is changed afterwards, it will not be fully credible. The saying “He who tells the truth at the police station, is confused in court” is an artifact and indicator of this. Therefore, the first statement should not be given without the legal support of a lawyer as much as possible.

3-) While providing legal support, the defense lawyer should obtain the whole incident from the suspect, down to the finest detail, and if he/she has not yet been caught, he/she should also obtain his/her own written statement in addition to the verbal statement. If the suspect has a history of different events, instead of telling the facts and asking for legal support, he/she may want to construct the fiction himself/herself and direct the lawyer according to this fiction. In this case, subsequent developments may put the suspect in a more difficult situation, and may even cause him/her to be held responsible for acts he/she did not commit, or even if the act is the same, he/she may be deprived of favorable provisions such as mitigating circumstances and effective remorse. The true story of the incident is therefore very important.

4-) In this direction, the lawyer should determine what his/her client is accused of and the available evidence, take note of all the issues that may be evidence in the incident, if necessary, consult the opinions of the crime scene investigation and evidence collection expert, formulate the research requests that he/she thinks should be made on these issues and build the incident fiction accordingly.

5-) The statement to be given by the suspect should contain short, concise and clear statements to include witnesses and evidence, and unnecessary narratives should not be included. Because unnecessary narratives may distract from the essence of the event in the process and cause new questions that may be different suspects.

6-) If there is a confidentiality order on the file, according to the suspect’s statements, the lawyer should provide legal support to the statement in line with the fiction of the event, provide the issues and documents that can be legally obtained in the file, and ensure that the issues that can be objective evidence – crime scene investigation, autopsy, eyewitness and identification report, crime scene investigation reports, etc. – are brought to the file.

7-) In relation to the matters mentioned in the suspect’s statement, he/she must submit his/her requests for hearing the witnesses of the incident and other research requests (HTZS/BAZ, MOBESE, PTS records, video recordings, audio analysis, data recovery, graphological examination, digital material examination, shooting residues, autopsy report, discovery, etc.) as a whole from the very beginning.

😎 In line with the new documents in the file, new research requests should be requested without delay.

9-) If he/she thinks that there are crimes or offenses subject to the issuance of a KYOK Decision, the application of prepayment provisions or reconciliation according to the state of the evidence, he/she should also notify the Investigation Authority.

10-) With the emergence of the indictment and the opening of the case, since the confidentiality order will be lifted, the lawyer should reshape the first defense of his client, who will now have the status of defendant, over the whole file, update the research requests again and request these requests from the Court at the first hearing.

11-) If there is a possibility of arrest, the lawyer should submit to the investigating authority/investigating judge the issues that may be data about him/her (having a fixed residence, coming with his/her own consent, not having the possibility of fleeing, having to provide for the household, report information of elderly and needy people from his/her family, reports showing his/her illness status) together with the documents.

12-) The lawyer, in fact, directs the shaping of the file in the investigation and trial with these research requests and event fiction and facilitates the work of the Prosecution and the Trial Authority.

13-) However, due to the fact that the request for investigation, which may be evidence in the investigation and trial phases, requires technical and specialized knowledge, it is often not fully requested or remains incomplete or inaccurate due to not knowing / not knowing what kind of evidence may be formed.

14-) Due to this lack of awareness, unfortunately, it is still a very rare practice for lawyers to submit expert and specialized reports in advance. The most common way is to obtain a legal opinion from an academic with an academic title and submit it to the file.

15-) For these reasons, research requests are usually requested from the relevant authorities and they are expected to decide accordingly. However, since the technical explanation is not/cannot be fully explained and enlightening information on its necessity is not/cannot be provided, it may be rejected by the Prosecutor’s Office/Court on the grounds that it will not add anything different to the investigation/trial.

16-) In this respect, it should be common practice for lawyers to request a new official expert and expert report by submitting an expert and expert report in advance.

17-) Professional Law Offices, which are aware of this, should be aware of the fact that the departments such as Criminal, Civil, Commercial, International Arbitration, Enforcement, Copyrights, etc.