In order to uncover the material truth in the criminal trial, it is investigated whether the elements of the crime are formed and who the perpetrator is if there is a crime. However, the investigation and investigation carried out during the trial is not unlimited. The material truth must be reached within the rules of law by protecting the personal values and social values of the accused.

The principle of “freedom of evidence” applies in Criminal Procedure. This principle means that the judge shall freely evaluate the evidence, provided that it is in accordance with the law. While the evidence obtained in accordance with the law is freely evaluated, various limitations have been imposed in the Constitution and in the Criminal Procedure Law in terms of the evaluation of the evidence obtained illegally.

217 Of The Code Of Criminal Procedure. Article 2. In its paragraph ” the charged offence can be proved with any evidence obtained in accordance with the law.”in the form of sentencing, it is arranged that the charged crime will be proved only by the evidence obtained in accordance with the law.

38 of the Constitution. “Findings obtained in violation of the law cannot be accepted as evidence.”the regulation in the form of evidence against the law will not be evaluated, it has been stated.