Since the material fact is investigated in criminal procedure, everything is accepted as evidence. This is a consequence of the principle of freedom of evidence. However, in criminal proceedings, unlimited methods that violate the rules of law and disregard the rights of the accused cannot be followed in order to reach the material truth.ince the material fact is investigated in criminal procedure, everything is accepted as evidence. This is a consequence of the principle of freedom of evidence. However, in criminal proceedings, unlimited methods that violate the rules of law and disregard the rights of the accused cannot be followed in order to reach the material truth. The purpose of criminal procedure is to reach the material truth about the concrete incident that occurred and to ensure that the incident is proved with evidence in a way that leaves no room for doubt. At the stage of prosecution, evidence is the means of proof necessary to prove the concrete event that occurred and for the opinion of the judge.
The evidence that can be used for proof in criminal proceedings must represent the event. The evidence that represents the event must be reasonable, in accordance with the material truth and the lawIn order to reach the material truth and prevent the disregard of legal rules, evidence must be in accordance with the law and collected by methods in accordance with the law. In this context, the evidence obtained illegally cannot be taken as a basis for the judgment; it cannot and should not affect the conscientious opinion of the judge.n order to reach the material truth and prevent the disregard of legal rules, evidence must be in accordance with the law and collected by methods in accordance with the law. In this context, the evidence obtained illegally cannot be taken as a basis for the judgment; it cannot and should not affect the conscientious opinion of the judge. The prohibitions imposed on obtaining evidence in violation of the law are expressed as ‘evidentiary prohibitions’. However, since the evidence obtained by means of illegal evidence is also affected by this violation, it will not be able to get rid of having an illegal character.
According to CMK Art.148/3, evidence obtained by prohibited methods cannot be considered as evidence even if consent is given.ccording to CMK Art.148/3, evidence obtained by prohibited methods cannot be considered as evidence even if consent is given. However, the statement of the person whose statement was taken and whose confession was obtained during the illegally applied arreAccording to CMK Art.148/3, evidence obtained by prohibited methods cannot be considered as evidence even if consent is given. However, the statement of the person whose statement was taken and whose confession was obtained during the illegally applied arrest, detention and forcible removal measures should also be considered as illegal evidence and should not be used in the trial.
TYPES OF EVIDENCE IN A CRIMINAL CASE
Evidence is divided into categories among themselves. Although there are various classifications, the evidence that proves the main event that the court needs to solve is called direct evidence, and the evidence that explains the side events that are related to the main event that needs to be decided on is called indirect or indicativevidence is divided into categories among themselves. Although there are various classifications, the evidence that proves the main event that the court needs to solve is called direct evidence, and the evidence that explains the side events that are related to the main event that needs to be decided on is called indirect or indicative evidence. In addition, it is possible to classify the witness, the accused, the expert witness whose source is a person, and the evidence whose source is an object document and symptom as indirect evidence.
Our law has adopted the conscientious evidence system. This system imposes research rights and duties on the judge ex officio. The judge does not have to be satisfied with the evidence put forward by the prosecution and defense authorities. The court may conduct a spontaneous search for evidence.law has adopted the conscientious evidence system. This system imposes research rights and duties on the judge ex officio. The judge does not have to be satisfied with the evidence put forward by the prosecution and defense authorities. The court mayur law has adopted the conscientious evidence system. This system imposes research rights and duties on the judge ex officio. The judge does not have to be satisfied with the evidence put forward by the prosecution and defense authorities. The court may conduct a spontaneous search for evidence.
It should be noted that not everything put forward in a case needs to be proven. The judge will decide which of the put forward defenses to investigate and which ones not to investigate, on request or ex officio, in accordance with the type of crime. For this reason, the issue of which aspects need to be proved is a relative situation.
STATEMENTS OF THE ACCUSED
The defendant is obliged to answer all questions related to his identity correctly; otherwise, the Misdemeanors Law art. he will be punished according to 40.TATEMENTS OF THE ACCUSED
The defendant is obliged to answer all questions related to his identity correctly; otherwise, the Misdemeanors Law art. he will be punished according to 40. However, other than this, he has not been held responsible for not giving accurate answers to the questions asked to him. The defendant is the person who knows tTS OF THE ACCUSED
The defendant is obliged to answer all questions related to his identity correctly; otherwise, the Misdemeanors Law art. he will be punished according to 40. However, other than this, he has not been held responsible for not giving accurate answers to the questions asked to him. The defendant is the person who knows the incident best. However, it is considered natural that he would avoid reflecting the truth in his statements about the incident if he thought that he would receive a punishment after his statements. Because by nature, a person will run away from pain. The legal order has not ignored this fact.
However, although our legal system has in the past accepted the principle of confession by the defendant, today this issue is also approached with caution as the importance given to revealing the material truth has increased.
WITNESS STATEMENTS
Anyone in the third person can be a witness. Anyone who has the ability to understand the incident in question, to reason about it and to convey the impressions/information they have obtainednyone in the third person can be a witness. Anyone who has the ability to understand the incident in question, to reason about it and to convey the impressions/information they have obtained about it can be a witness. Even if the witness is mentally ill, a child, a relative or a relative, or has previously been convicted of perjury, it does not prevent testimony. It is one of the least reliable means of proof.
The importance of the witness to tell the truth to himself before going to rest; he is informed that if he does not tell the truth, he will be punished for perjury; he will swear; he cannot leave the courtroom without permission.The importance of the witness to tell the truth to himself before going to rest; he is informed that if he does not tell the truth, he will be punished for perjury; he will swear; he cannot leave the courtroom without permission.
It is obligatory for the witness to make a statement regarding his/her identity; this obligation does not change even if he/she has the right to abstain from testifying.
If the evidence in a judgment consists of witnesses, the witnesses should definitely be listened to during the trial.
Various measures can be taken in the Turkish Penal Code for the protection of witnesses. These measures may be in the form of hiding the identity, changing it, or allowing the person to get rid of the testimony.arious measures can be taken in the Turkish Penal Code for the protection of witnesses. These measures may be in the form of hiding the identity, changing it, or allowing the person to gVarious measures can be taken in the Turkish Penal Code for the protection of witnesses. These measures may be in the form of hiding the identity, changing it, or allowing the person to get rid of the testimony. If there is a serious danger for the witness, it is also possible to change the sound and image of the witness and listen.
Statements of Persons Other than the Accused and the Witness
Under the title of witnesses who have not been sworn in, it has been accepted in our law that accomplices should be heard as witnesses.
WRITTEN EXPLANATIONS
Any written document that conveys an idea that is useful in proving the incident in question or the statements made through them constitute the evidence of ‘’written statements/ documents’’. These documents may be official documents such as law enforcement, prosecutor and judge’s reports, or they may be private documents such as letters and similar writingswritten document that conveys an idea that is useful in proving the incident in question or the statements made through them constitute the evidence of ‘’written statements/ documents’’. These documents may be official documents such as law enforcement, prosecutor and judge’s reports, or they may be private documents such as letters and similar writings.
EXPLANATIONS WITH TOOLS THAT RECORD IMAGES AND SOUNDS
These records are in the nature of document evidence and indirectly represent the event. Just as there is the possibility of direct representation in the tapes recording the moment when the incident took place, even those that have the quality of indirect representation can create valuable evidence.These records are in the nature of document evidence and indirectly represent the event. Just as there is the possibility of direct representation in the tapes recording the moment when the incident took place, even those that have the quality of indirect representation can create valuable evidence.
When examining whether such means of proof are legal evidence; it is necessary to pay attention to different issues such as whether the recording is confidential, whether it was obtained by public officials, whether the place is a public space, whether the recorded activity is open to the public.
Both universal legal rules and the Constitution provide absolute protection for an individual’s private life and communication rights. These rights may be suspended by a judge’s decision in the following cases:
*In the presence of a strong suspicion of crime,th universal legal rules and the Constitution provide absolute protection for an individual’s private life and communication rights. These rights may be suspended by a judge’s decision in the following cases:
*In the presence of a strong suspicion of crime,
* For the purpose of restoring the social peace and tranquility disrupted by crime,
*If there is no possibility of obtaining evidence in another way.
While it is fixed that no evidence obtained in accordance with the law, regardless of its occurrence, cannot be based on the judgment; audio/video recordings, even if they are duly filled out and stored, do not constitute sufficient evidence for a conviction decision to be made in the doctrine alone. it is fixed that no evidence obtained in accordance with the law, regardless of its occurrAny means of proof that, when supported by other evidence, will lead to the conviction or acquittal of the defendant is considered as evidence. These may include items found at the crime scene, brake marks, and data obtained as a result of a person’s physical examinationny means of proof that, when supported by other evidence, will lead to the conviction or acquittal of the defendant is considered as evidence. These may include items found at the crime scene, brake marks, and data obtained as a result of a person’s physical examination. Symptoms are very important in the emergence of material truth in the possibility of establishing a link between side evidence and illusory evidence.
Symptoms directly support the evidence and provide a healthy conclusion in solving the proof problem. For example, in sexual crimes, finding a biological sample belonging to the suspect on the victim constitutes serious evidence that the suspect had physical contactly support the evidence and provide a healthy conclusion in solving the proof problem. For example, in sexual crimes, finding a biological sample belonging to the suspect on the victim constitutes serious evidence that the suspect had physical contact with the victim.
ELECTRONIC EVIDENCE
When data, records and documents created, modified, transmitted or stored in electronic environment are used or intended to be used for the proof of an alleged fact, electronic evidence is in question.
Electronic evidence can vary according to the environment in which they are found, the way they are obtained and their ability to prove the concrete event that occurred. Therefore, they are sometimes considered as documentarylectronic evidence can vary according to the environment in which they are found, the way they are obtained and their ability to prove the concrete event that occurred. Therefore, they are sometimes considered as documentary evidence and sometimes as indicative evidence. Since these evidences are open to outside interference compared to other evidences, they should be investigated carefully and supported by other evidences.
After the proof activity is completed, the judge now reaches a conclusion as to whether the alleged crime was committed by the defendant.fter the proof activity is completed, the judge now reaches a conclusion as to whether the alleged was committed by the defendant. Conviction is the fact that, without leaving room for doubt, the crime has been established in the judge’s conscience and mind as a result of the evaluation of the evidence in accordance with the existroof activity is completed, the judge now reaches a conclusion as to whether the alleged crime was committed by the defendant. Co
You can read our other articles and petition examples by clinking here.