In order to reveal the material truth in criminal proceedings, it is investigated whether the elements of the crime were formed and if there is a crime in the middle, who is the perpetrator. However, the research and investigation carried out during the trial is not unlimited. The material truth should be sought to be reached within the rules of law by protecting the defendant’s personal values and social values.
The principle of “freedom of evidence” applies in criminal procedure. This principle implies that the judge freely evaluates the evidence, provided that it is in accordance with the law. While the evidence obtained in accordance with the law is freely evaluated, various restrictions have been imposed in the Constitution and the Criminal Procedure Code in terms of evaluating evidence obtained illegally.
217 of the Code of Criminal Procedure. 2 of the article. In the paragraph “The charged crime can be proven by any evidence obtained in accordance with the law.”by establishing the provision, it was arranged that the charged crime would be proven only by evidence obtained in accordance with the law.
Article 38 of the Constitution. “The findings obtained in violation of the law cannot be accepted as evidence.”according to the regulation, evidence contrary to the law will not be evaluated.
