Master'sOpen Access

Examination of human body in criminal procedure

2007
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Advisor: Doç. Veli Özer Özbek

Abstract (EN)

The basic purpose of criminal procedure is to expose material fact without any suspicion. Exposing the material fact and to provide justice are very hard process. It is very important that to ensure effective process. In this context lawful evidence has reached essential position. Judge give a decision through with evidence that has obtained. But this process may sometimes fail. After evaluation of criminology, developed countries have started to accept scientific evidence. We need to constitute juristic background for scientific evidence without human rights violation. Investigation of material fact at any cost is contrary to the doctrine of modern criminal procedure. When we take into consideration a new development in forensic medicine, it is important to form data bases concerning DNA test, copy of blood, hair and spit which will be derived from human body in order to compare. Code of criminal procedure has tried to supply the deficiency. In order to ensure this, code of criminal procedure has regulated inspection of human body. It was a big step to get by scientific evidence stage. Actually if we have evidence which will be got by inspection of human body, material fact may be exposed without any suspicion. If the rule of criminal procedure regarding with examination of human body can be implemented, it will be possible to realize the system of accession to evidence from suspect. According to this principle evidence will be collected firstly. Therefore criminal process will be started. Consequently violation of human rights will be decreased significantly on the way of accession to material fact.

Author

Dr. Tuğba Bayzit

How to Cite

Tuğba Bayzit (Master Thesis). Examination of human body in criminal procedure, 2007, Dokuz Eylül University.

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