23 Dec What Is The Concept Of Evidence In The Criminal Case? What Are The Kinds Of Evidence?
If the material truth in criminal proceedings is considered as evidence for him to investigate. This is the result of the principle of freedom of evidence. However, if there is material personalization in the criminal proceedings, it cannot be followed without any limitation, contrary to the rules of law and the treatment of defamation of the accused’s rights. The purpose of the criminal procedure; it is something specific to the material personality about the concrete event from the past, and it is no doubt that the event is proved by evidence. Evidence in the prosecution phase, proof of the concrete incident and proof of the judge’s opinion is necessary for proof.
The evidence that can use it to prove in criminal proceedings is to represent the incident. The evidence representing the event will be in conformity with the material reality and the law.
EXCLUSIVE TO LAW
Material personalization and the rule of law must be avoided, the evidence must be in accordance with the law and must be collected in accordance with the law. In this quote, the evidence obtained unlawfully cannot be taken as a basis; it should not affect or influence the conscientious opinion of the judge. The prohibitions imposed on the obtaining of evidence against the law are referred to as en prohibition of evidence Hukuk. In the meantime, the unlawful evidence that the evidence obtained there is also affected by this contradiction, unlawful design will not declare.
According to CMK m.148/3, the evidence obtained by the prohibited procedures cannot be considered as evidence even if it is given consent. There, unlawfully taken in such a way that the arrest, detention and enforcement measures are expected, and the results obtained are announced and the evidence is considered illegal and how the proceedings are conducted.
TYPES OF EVIDENCE IN CRIMINAL PROCEDURE
The evidence is categorized among themselves. While there are various classifications, the madman is directly called the evidence that proves the actual event that the court has to solve, and the crazy ones describing the side events that are related to the main event before the decision is made are called indirect or symptom proofs. It is possible to classify the witness, the accused, the expert and the source targets and the indicative evidence as indirect evidence.
This system is the conscientious objector of the law. The judge does not have to settle for the evidence and the arguments put forward by the defense. The court can conduct an investigation of evidence.
It should be noted that; in a lawsuit allegedly proved her subject. I believe which of the arguments will be investigated. It is a relative situation to prove which points here.
SANIC DISCLOSURES
It is obliged to respond correctly to all questions related to the identity of the accused; The Misdemeanor Act You’re punishing him by 40. However, it was not held responsible for the correctness of the answers to the questions asked. The accused is the person who knows the best. However, the explanation of the explanations of the possibility of thinking that we would be a penalty in the case of the possibility of refusing to reflect personalities in the description of the event was considered natural. Because human nature will escape from pain. The legal order did not ignore this fact.
There, together with the fact that our legal system was accepted as the perpetrator at the time of the accusation, nowadays, this issue is approached with the increasing importance of the material age.
DEFICIT DESCRIPTION
The third person could witness anyone away. Anyone who has the ability to understand, discern and convey his / her impressions / information about the case may be the subject of the case. Witness; it is not an obstacle to testify, even if he has been convicted of a mental illness, a child, a relative or a relative, or has previously been convicted of perjury. It is one of the least reliable proof tools.
The importance of the witness’s singing before honoring; if he does not tell the truth; he will swear; the reception hall is not allowed to leave.
It is compulsory to specialize in the statement regarding the identity of the witness; This obligation does not change even if the right to withdraw from the testimony is made.
In a judgment, the evidence consists of witnesses; witnesses can not be sure will be heard.
In the Turkish Penal Code, various measures can be taken for the security of the witnesses. These measures may be the concealment of identity, or the avoidance of testimony in orientation. Let us tell you how to set a heavy hazard for the witness, it is also possible to listen to the witness’s voice and direction.
The Defendant and the Witnesses’ Disclosures
Under the title of witnesses who were not sworn, it was accepted in our law to hear the witnesses of the crime as witnesses.
WRITTEN DESCRIPTIONS
The subject matter of the case has a useful opinion
DISPLAYS WITH IMAGES TO RECORD IMAGE AND AUDIO
These records are documentary evidence and indirectly represent the event. As well as the possibility of direct representation in the cassettes that record the event at the time of the incident, even the indirect representative can provide valuable evidence.
While examining such evidence tools as evidence of law, It should be noted that issues such as whether the registration is confidential, whether it is obtained by public officials, whether the venue is a public space, whether the recorded activity is publicly available or not, is different.
Both the universal legal rules and the Constitution and the right to private life and communication of the individual are taken under absolute protection. These rights may be suspended by the judge’s decision if:
* In case of suspicion of a strong crime,
* For the purpose of rebuilding the social peace and peace that has been broken by crime,
* No other means of obtaining evidence.
In any case, whether or not the law can not be obtained according to the law can not be based on any evidence obtained; audio / video recordings, even if they are properly filled and kept under protection, do not constitute sufficient evidence for the decision of conviction alone in the doctrine. However, they can carry a symptom.
SIGNS
Any evidence proving the conviction or acquittal of the accused when supported by other evidence is considered as symptom. These can be given as an example of the items found at the crime scene, the traces of the brake, and the data obtained from the body examination of the person. Symptoms are very important in the emergence of material truth in the possibility of establishing the causal link with the side evidence.
The symptoms support the evidence directly and provide a healthy conclusion in the solution of the problem. For example, the presence of a suspect in the sexual offense on the victim’s biological sample constitutes a serious evidence that the suspect is in physical contact with the victim.
ELECTRONIC PROBLEM
Electronic evidence is generated if the data, records and documents created, modified, transmitted or stored in the electronic environment are intended to be used or used for proof of an alleged fact.
Electronic evidences may vary depending on the environment they are in, the way they are obtained and the fact that they occur. Therefore; sometimes they are considered as documents and sometimes as evidence of signs. Because these evidence is open to intervention from other evidence, they should be carefully researched and supported by other evidence.
Once the proof activity has been completed, the judge is now convinced that the alleged offense was committed by the accused. The opinion is that the crime is committed in the conscience and mind of the judge as a result of the evaluation of the evidences in accordance with the existing law without any doubt. In this context, the defendant’s action must be proved in a way that does not cause any doubt to be imposed. In particular, the execution of penalties for serious criminal cases could lead to serious imprisonment imprisonment.
No Comments