Evaluation of illegally obtained evidence at the crime scene in criminal procedure
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Abstract (EN)
The evaluation of illegally obtained evidence at the crime scene is a critical area of study that intersects legal principles, human rights, and the integrity of the justice system within the field of criminal procedure. This thesis aims to examine the effects of illegally obtained evidence in criminal investigations and to explore the legal frameworks governing their admissibility and evaluation. The study begins with an introduction that highlights the importance and scope of the topic, emphasizing the role of evidence in criminal proceedings. It subsequently addresses fundamental issues such as the concept of evidence in criminal procedure, the definition of illegally obtained evidence, and the differences among legal systems. The thesis investigates legal limitations in crime scene investigations and evidence collection processes. In this context, it focuses on the powers and responsibilities of law enforcement in evidence collection and the impact of legal violations on technical examinations. Additionally, the position of illegally obtained evidence in criminal procedure law, general principles regarding evidence evaluation, and the influence of such evidence on judicial decisions are detailed. The "fruit of the poisonous tree" doctrine is analyzed from the perspective of Turkish criminal law, considering the position of illegally obtained evidence and its consequences in the trial process. Finally, the thesis focuses on the admissibility of illegally obtained evidence, its exceptions, and the potential consequences that may arise. This section examines the legal prohibitions on the use of unlawful evidence, exceptional circumstances in the context of public order and the severity of the crime. In light of the findings, the viii thesis addresses the issues encountered in Turkish law and provides suggestions for improving the evidence collection and evaluation processes. Through this comprehensive analysis, the thesis aims to provide valuable insights into the legal, ethical, and practical implications of using illegally obtained evidence, ultimately contributing to the development of fairer legal standards that safeguard individual rights while preserving the integrity of the justice system. Keywords: Illegally Obtained Evidence, Criminal Procedure, Evidence Collection, Legal Framework, Fruit Of The Poisonous Tree Doctrine, Individual Rights
Author
Arif Gökarslan
Institution
How to Cite
Arif Gökarslan (Master Thesis). Evaluation of illegally obtained evidence at the crime scene in criminal procedure, 2025, Fatih Sultan Mehmet Foundation University .
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