Electronic evidence in terms of criminal procedure proof value

With the technological developments in all areas of life, digital change and transformation has started in criminal law, and in this context, there has been an interaction in the whole process from crime types to evidence types. Electronic data, which forms the basis of this digital transformation, must be carefully collected and maintained due to their virtual nature. This is because the unique electronic qualities of these evidences may make the use of these evidences in the trial an advantage or disadvantage different from the classical evidences. Therefore, it is an important issue which procedures and measures will be subjected to and which measures will be applied in all processes from the acquisition of electronic evidence to its presentation before the court. In this way, it is also important whether the data or documents obtained from electronic media will be accepted and used as evidence, and how their legal validity and proving value will be interpreted, and this issue constitutes the main axis of our study. Due to their unique characteristics, the use of electronic evidence in criminal proceedings will be possible only if data integrity can be ensured. This is because the validity and reliability of electronic evidence whose data integrity has been compromised or tampered with will be in doubt. This situation leads to the application of special measures and rules at the point of collecting electronic evidence, but as a reflection of this, the issue of the value of evidence and how it will be used in the context of proof leads to different opinions and discussions in the doctrine. Therefore, determining the nature of electronic evidence and examining its legal validity constitutes an important problem in terms of both practice and the main axis of our study. In this context, our study aims to examine and evaluate the concept of electronic evidence and its value of proof in detail in terms of legislative regulations, jurisprudence of the Court of Cassation and comparative law.