In criminal proceedings, the material truth is sought by investigating whether the elements of the crime have been established and, if a crime has been committed, who the perpetrator is. 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 and social values of the defendant.
The principle of “freedom of evidence” applies in criminal proceedings. This principle means that the judge freely evaluates the evidence, provided that it is 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 in violation of the law.
Article 217 of the Code of Criminal Procedure. Article 2. The provision “The alleged crime may be proven by any evidence obtained in accordance with the law” stipulates that the alleged crime can only be proven by evidence obtained in accordance with the law.
Article 38 of the Constitution states that “Evidence obtained in violation of the law shall not be accepted as evidence,” and it is also stipulated that evidence obtained in violation of the law shall not be evaluated by regulation.