Paylaş: Examination and Sample Collection from Suspects and Defendants
Under Articles 75-77 of the Turkish Criminal Procedure Code, medical examinations and collection of biological samples from suspects and defendants can be conducted for evidence collection.
Medical Examination and Biological Sample Collection
To obtain evidence, internal examinations of suspects or defendants can be conducted, and samples such as blood, saliva, and nails can be collected. These procedures require a public prosecutor's request or an ex officio judge’s order. In urgent cases, a prosecutor can authorize the procedure, which must be approved by a judge within 24 hours.
Health Conditions and Procedure
The medical examination and sample collection should not pose any health risks to the individual and must be performed by a physician or other qualified medical personnel. Examinations involving the genital or anal regions are also classified as internal examinations.
Right to Object to the Examination
Suspects and defendants have the right to object to court-ordered examinations or sample collection procedures, which must be filed within the legal timeframe.
Special Provisions in Other Laws
Provisions regarding alcohol testing and blood sample collection under special laws, such as the Traffic Code, are preserved and governed by the respective law.
Conclusion and Summary
Examination and sample collection from suspects and defendants follow strict legal procedures under the Turkish Criminal Procedure Code. Without proper authorization or conditions, any obtained evidence will be considered inadmissible in court.
This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
