In order to reach the material truth and to prevent the disregard of the rules of law, the evidence must be in compliance with the law and must be collected by lawful methods. In this context, evidence obtained illegally cannot be taken as a basis; It cannot and should not affect the judge’s conscientious opinion. Prohibitions imposed on illegally obtaining evidence are referred to as “evidence prohibitions”. However, since the evidence obtained through unlawful evidence is also affected by this contradiction, it will not be able to avoid being unlawful.
According to Article 148/3 of the Criminal Procedure Code, evidence obtained through prohibited procedures cannot be considered as evidence even if consent is given. In addition, the statement of the person whose statement was taken and whose confession was obtained during the measures of arrest, detention and forcible bringing that were applied unlawfully should also be considered as unlawful evidence and should not be used in the trial.
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