Legal problems about evaluation of biological evidences within the scope of international agreements that Turkey participated as signotary country

Biological evidence is used to achieve the most reliable results at every stage of the trial. Reports prepared by experts in accordance with positive science are closely related to the healthy functioning of the judicial processes. The fact that the developments in science are continuous has led to the necessity of the law to follow these developments closely. In the law of reasoning, the biological evidence obtained both from the crime scene and from the human body for the emergence of material truth is increasingly taking place. By nature, biological materials can be obtained from any biological entity. In order to protect human dignity, especially the evidence to be obtained from the human body must be meticulously obtained within the framework of certain restrictions, both in international conventions and in domestic law. The aim of this study is to raise awareness and propose to make regulations that lawmakers and practitioners obtain biological evidence without disturbing the nature of the evidence and acting against human dignity. This study examines whether biological evidence of both in Turkey and also in continental Europe and the Anglo-Saxon legal system in order to obtain what the Supreme Court decision were used. The court decisions were examined in the context of domestic law and international conventions. In high court decisions, the issue of unlawful evidence in the manner in which biological evidence is obtained and the conditions under which biological evidence can be used are discussed. Within the scope of the international conventions we have signed in our country, it has been concluded that the rules of domestic law are insufficient for obtaining biological evidence and that DNA databases should be established. The internal law, regulation under contracts which Turkey is a party and in terms of uncovering the truth material should be exploited more than forensic science. Keywords: Biological Evidence, Physical Examination, Crime Scene Investigation, Taking Samples.