The taking of the suspect's account of the alleged offence before the police or prosecutor during the investigation, under strict rules.
All termsGiving a statement is the hearing of the suspect before the police or the public prosecutor during the investigation; questioning before a judge or court is termed interrogation. The procedure is bound by detailed statutory safeguards.
The suspect must be informed of the alleged offence, of the right to choose counsel and benefit from counsel's assistance, and of the right to remain silent, and must be given the opportunity to present exculpatory evidence. Statements obtained through prohibited methods, pressure or deception cannot ground a judgment, and a police statement taken without counsel may not be used unless confirmed by the suspect in court.
Failing to appear upon summons may lead to compelled attendance. Ensuring the record reflects what was actually said, and never signing it unread, is the foundation of the later defence; consulting a lawyer beforehand is the most effective protection, and appointment of free counsel through the bar may be requested at every stage.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.
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