Evaluation Of Evidence Obtained In Violation Of The Law
In criminal proceedings, the material truth is sought to determine whether the elements of the crime have been established and, if a crime has been committed, to identify the perpetrator. However, the investigation and inquiry conducted during the trial are not unlimited. The material truth must be sought within the framework of legal rules, while protecting the personal values of the defendant and social values.
The principle of “freedom of evidence” applies in criminal proceedings. This principle means that the judge is free to evaluate the evidence, provided that it is obtained in accordance with the law. While evidence obtained in accordance with the law is freely evaluated, various restrictions have been imposed in the Constitution and the Criminal Procedure Code regarding the evaluation of evidence obtained by unlawful means.
Article 217, Paragraph 2 of the Criminal Procedure Code stipulates that “The alleged crime may be proven by any evidence obtained in accordance with the law,” thereby regulating that the alleged crime may only be proven by evidence obtained in accordance with the law.
Article 38 of the Constitution states that “Findings obtained in violation of the law cannot be accepted as evidence,” indicating that evidence obtained in violation of the law will not be considered.