Introduction
In criminal law practice, one of the most frequently asked questions by individuals who are subject to an investigation is whether this process will have any impact on their criminal record. Being summoned by law enforcement for a statement or being involved in a file as a suspect before the public prosecutor is often mistakenly perceived as equivalent to having a criminal record. However, this perception is inconsistent with the fundamental principles of criminal procedure.
This study aims to clarify the legal nature of the investigation phase and its relationship with criminal records, as well as to eliminate common misconceptions encountered in practice.
Legal Nature of the Investigation Phase
In criminal procedure, the investigation phase refers to the period that begins when a suspicion of a crime is learned and continues until the acceptance of the indictment. During this stage, the public prosecutor is obliged to collect all evidence, both in favor of and against the suspect, in order to reveal the material truth. Therefore, the investigation is not a stage where guilt is established but rather a process of inquiry based on suspicion.
Within this framework, the individual holds the status of a “suspect,” which does not imply a definitive accusation or conviction. According to the presumption of innocence, no one can be considered guilty unless there is a final court decision.
Concept and Scope of Criminal Record
A criminal record consists only of finalized court decisions recorded in an official system. Pursuant to Law No. 5352 on Criminal Records, convictions and certain other decisions specified by law are recorded in the criminal record once they become final.
Accordingly, for a criminal record to be created, there must first be a completed judicial process and a finalized judgment. It is not possible for a case still at the investigation stage to fall within this scope.
Effect of Investigation Files on Criminal Records
Investigation files, by their legal nature, are not recorded in the criminal record. This is because there is no finalized conviction at this stage. The mere fact that a complaint has been filed, that a person has been called for a statement, or that an investigation is being conducted by the prosecutor does not create a criminal record.
Similarly, decisions such as non-prosecution (decision not to prosecute) or acquittal do not appear in the criminal record. These outcomes establish the absence of guilt and therefore do not produce any effect in terms of criminal records.
Misconceptions in Practice
One of the most common misconceptions in practice is the belief that merely being involved in an investigation results in a criminal record. Particularly, giving a statement or having a file opened is often interpreted as being “recorded in the criminal record.”
However, the investigation phase does not establish the existence of a crime with certainty. Therefore, the mere conduct of an investigation does not alter the legal status of the individual nor does it result in a criminal record.
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