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Crime scene investigation standards in criminal procedure within the scope of effective investigation in light of supreme court decisions

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2025
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Abstract (EN)

Aim: In our study, it is aimed to contribute to both criminal justice and forensic sciences by analyzing the "reversal" decisions of the Supreme Court in crime scene investigation in judicial incidents and developing crime scene investigation standards within the scope of effective investigation in criminal procedure. Material and Method: In order to determine whether the crime scene investigation carried out by the judicial police serves the purpose, to determine its deficiencies, if any, and to establish standards for crime scene investigation, the "overturning" decisions of the Supreme Court between 2019-2023 (in the last five years) were selected and examined. The decisions were selected from the official website of the Supreme Court "https://karararama.yargitay.gov.tr/". The expression "crime scene investigation" was used for decision selection. Only the "reversal" decisions were collected as data by excluding the "approval" decisions from the results. Among these decisions collected as data, the errors in the crime scene investigation as the reason for "overturning" were accepted as information for the standards to be established and the others were excluded. Results: In the cases examined, the most common findings are that the crime scene was not sketched, even if it was drawn, the locations of the evidence were not marked on the sketch, the crime scene was not photographed and video recordings were not taken. These findings are also accompanied by superficial documentation of the crime scene. Conclusion: In criminal proceedings, crime scene investigation serves to collect material evidence from the perpetrator and the victim at the scene using legal, technical and scientific methods. The standards to be brought to the crime scene investigation activity will add efficiency and effectiveness to the crime scene investigation. An effective and high-quality crime scene investigation with determined and developed standards will ensure the "right to a fair trial" and the "principle of going from evidence to the defendant" in criminal proceedings. Keywords: Effective investigation, crime scene, evidence collection, law enforcement, crime scene investigation.

Author

Hüseyin Delibalta

How to Cite

Hüseyin Delibalta (Doctorate thesis). Crime scene investigation standards in criminal procedure within the scope of effective investigation in light of supreme court decisions, 2025, İnönü University.

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