The Criminalistics in penalty disagreement

There are two parts in penalty disagreement, one of them is to discover to find the physical truth in which whether the act is done by the person or not, and the other one is to find the legal reality that whether the act is to form a crime or not and if it is form a crime, to discover to find what kinds of a crime it is. In order to discover a physical truth, the judging authority must get a complete conviction by means of approving of the law system. This process is called a proving and this means is called an evidence. In order to see means becomes an evidence, this means represents the event and intelligence and physical truth are agreed with the law. Moreover, to see in the judicial decision, each side must know. Since the evidence is this, its content is what it is including (For example, a letter is an evidence and its lines is its content) and the source of the evidence is the thing that the evidence are learned (For example, the testimony is the evidence and the person who give the testimony is the source of the evidence) To see the relation of evidence with the crime and to profit from them, the evidences should be discovered and submitted to the court. The court, the president judge and the law suit sides may want to disclose the evidences. It is necessary to learn the content of these evidences and to hear the proper persons. Evidences may be connected with the every subjects that influence the judicial decision and the every events which need to prove by the facts. The evidence can not be refused because of passing due date of the notification. However, the evidence can be refused if the evidence can not be influence in final decision and it is submitted only to postpone the law suit. A proving means can be classified in different bases but in general can be divided by two parts, namely declaration evidence and the print (physical) evidence. These two classifications can be also divided in to subbranches. In these two evidences occasionally; one of the evidence may be superior or weaker from the other evidence. Yet, it should not be forgetten that those two evidences are completed each other, and proved and solved the requested facts easily and clearly. In order to reach these two evidences, the law of the criminal court, establish certain rulers and one can expect from the state of law that to obey these rules to discover to find the physical truth. Otherwise, the results obtained with illegal way are not meaningful. Declarations does not become characteristic of the evidence if the rules testimony and inquiry are not obeyed and the right of the law suspect and injured party are not respected. These data will not be used even if they are very valuable. As a matter of fact, the rules in this subject are establish in national and international law norms. Declaration evidences, which are obtained by obeying these rules, are evaluated differently whether they belong to judge, suspect, witness or the other persons. Finding the physical truth, which is the fundamental condition, is very important for a criminal judgement, and there are rules that forcing some persons to take part of declaration and also for suspect to use "silenceright". Otherwise, the law can cause many unlawfullness. Declaration evidences are not a single evidence after tecnologic and scientific developments. However, declaration evidences are still the evidences in which they don't loose their evalue of evidences. The other kind of evidence is the print (physical) evidence in which the silent witness of the evidence and goods and marks to stay behind the event. In general, these are documents, knowledges in image and sound recorder, registered data in electronic medium. Certainly, the criminal judgement has established some rules to use the physical evidences. In the law of state, to obey these rules and the evidence condidate becomes an evidence are very important. In orderXII to obtain evidences and to evaluate them, there are some duties on the criminal judgement. In the first view, physical evidence which are obtained in legal way, protected in good place and submitted to the judging authority without loosing their characteristic stays in silence. However, after scientific and technological evaluation these become very important witness in which never afraid to tell the truth and never fear from anybody. There is good and tight relations between the source of the lifeless evidences, such as examination of the event area, investigation, judicial examination of a dead or autopsy, etc. and arrest, catching, eyecatching, search, take over and body examination, etc. in criminal judgement. Sometimes these plans discover the physical evidence or sometimes physical evidences cause working these plans. In most probably, the technologic and scientific evaluations are necessary for these silent witnesses. Experts, who are the consultant judges, neutral and responsible persons, obtain the data by using the scientific theory or principle and these data are very important for the judging authority to help their decisions and also clarify the physical truth. While doing these, honor of nobody is damaged and it goes from the evidence to the suspect. Judge evaluates and filters those scientific data, evidences of declarations and logical rules freely. He also obtains the knowledge from the hearing and finally uses his opinion and make the decision. However, while doing these he must not evaluate the evidences which obtained illegal way, except the evidences favor to the suspect. Physical evidence which is evaluated by scientific and technologic techniques causes to make this silent witness the speaking one. Criminal examinations serve to use sciences and technical data for justices. Judicial sciences and criminal examinations are interconnected and completed each other, and they help judging authority and become their microscope, telescope and a laboratory. In order to reach the goals of the sciences and examinations, one needs not only well-known experts also the very good judging authority. In our country, these scientific data are produced in judicial medicine institute, criminal police and gendarme laboratories, the judicial medical department in faculty of medicine. Judicial sciences and the criminal examinations in which evaluate the evidences (exception of the psychology and criminology) are investigated following three methods based on the examination density: a) Physical (physical science data are used mostly) such as, firearms (ballistic), tool marks, the examinations on an auto, finger and hand traces, foot and footwear prints, and investigation of sound-image records, b) Chemical (chemical science data are used mostly) such as, drug, point-fiber, smell, explosive and toxicology, c) Biology (biological science data are used mostly) such as, analysis of DNA, blood, hair, microbiology, varnish- amnion-mother milk, meconyum-feces-urine, semen, saliva-vomited-mucus, entomology and palinology.