SEGBİS (Audio and video information system) within the scope of criminal procedural law

The purpose of law is to ensure the peaceful coexistence of people and to ensure justice. Justice is getting the rightful within the legal order and punishing the violator of the right. Punishment in the rule of law is only possible through criminal procedure. After committing an act that breaks the order in society, all the activities carried out to ensure to reach the material truth and the perpetrator receives the punishment he deserves as a result of a fair trial is called criminal procedure. In the criminal procedure, besides the purpose of punishing criminals, there are also purposes of protecting innocent. In criminal procedure, it is not aimed to punish criminals in any case, on the contrary it is aimed to punish criminals as a result of a trial conducted in accordance with human dignity and human rights, within the framework of the principles of fair trial and the rule of law. One of the forms of appearance of technology, which has a place in our lives in every field and has become an inseparable part of our lives, is the Audio and Video Information System (SEGBIS). SEGBIS, which is included in the laws, regulations and the circulars in criminal procedure, is a communication system where sound and image are transmitted simultaneously, recorded and stored. With this system, which allows people who need to be heard in criminal proceedings without being brought to the forefront of the competent authority, it is aimed to accelerate the functioning of the criminal procedure and to reduce costs of the trial. The contributions of SEGBIS to the realization of the desired aims cannot be ignored, but SEGBIS should be evaluated separately in terms of other purposes and principles of criminal procedure and should not be ignored in case of violations. SEGBIS was regulated by written law. However, the administration has put itself in the place of the legislator in the making regulation with the administrative acts and it has caused the applications that are not in the law to emerge by expanding the scope of the legal regulations in the implementation of SEGBIS. SEGBIS was not regulated in a detailed and clear way in the written law, this situation caused ambiguities and differentiations in practice and made it difficult to achieve unity in law. Although SEGBIS is in harmony with some principles within the scope of criminal procedure principles, it is clear that SEGBIS harms the right to fair trial, principle of orality, principle of face-to-face interaction and principles of directness of evidence. It cannot be considered that a system used in criminal procedure would be contrary to the aims and principles of criminal procedure. Because the way to reach the result to be obtained in criminal procedure is determined by law. An unlawful result will not be legal and on the contrary to securing justice in criminal procedure, it will result in violations of rights in criminal procedure. SEGBIS should be regulated in accordance with the principles that dominate criminal procedure, should be used correctly by the practitioners, and the system introduced to maintain order should not, on the contrary, cause violation of rights. Key Words: SEGBIS, Audio and Video, Video Conferencing, Criminal Procedural Principles.