Master'sOpen Access

Illegal inquiry methods and the valuation prohibition of evidence which are got by illegal inquiry methods

2010
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Advisor: Prof. Dr. Cumhur Şahin

Abstract (EN)

While strugling with crime and criminality, the inquiry of the suspect or the defendant is still keeping on its importance. According to constitutional state basis, police must solve the crime in legal way in testimony and interrogation procedures which he uses public strength. Crime judging law systems prohibit getting evidence by illegal methods. It is clearly stated in CMK article 148 what these illegal methods are. These are physical and psychological interventions like mistreatment, torture, giving drug, weary, deceit, constraint or threat, using some means, promising for illegal profit. It is also understood from the article?s expression that illegal inquiry methods are not limited with this article. As well as providing social justice and public security, trust and humanity honor that people have for law and justice need to be protected. That?s why it is forbidden to get evidence by illegal methods. Consequently according to legally judgement basis, the evidences ,which are got by illegal methods, are not used in punishment judgement and encounter valuation prohibition. Valuation prohibition is coordinated in CMK articles 148 and 217/2.Key Words: Inquıry, evidence, crime, suspect, defendant

Author

Zehra Kaya

How to Cite

Zehra Kaya (Master Thesis). Illegal inquiry methods and the valuation prohibition of evidence which are got by illegal inquiry methods, 2010, Gazi University.

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