Evidentiary value of pieces of evidence gathered through the physical examination of the body and through body samples

Gathering evidence through the physical examination of the body and the taking of body samples have been legalized under Turkish law with the Criminal Procedure Code 5271. Methods of obtaining evidence from human body have improved significantly as a result of recent technological development, leading to a number of theories about the central question on how to determine the evidentiary value of pieces of evidence obtained from the human body. The purpose of our thesis is to establish the legal conditions of the methods of gathering evidence through physical body examination and taking of body samples, as well as to specify the evidentiary value of such pieces of evidence according to general rules of evidence and proof and to demonstrate the interrelation of these methods with the institution of legal expertise. In order to achieve this purpose, first the matters arising from evidence law will be resolved, followed by an explanation of the methods of gathering evidence from human body, and a section dealing with various aspects of the matter concerning its relations to legal expertise and human rights.