Presentation and Discussion of Evidence

In criminal proceedings, evidence is presented following the defendant’s questioning. If the defendant fails to appear without excuse, evidence presentation may proceed, and any evidence presented will later be communicated to the defendant upon their arrival.

If a witness states they cannot recall a detail, relevant sections from prior statements may be read to assist memory. If there are discrepancies between the witness's current and previous statements, the prior statement is read to resolve inconsistencies. Witnesses may leave the courtroom only with the judge's permission after testifying.

Documents required to be read in court include:

• Minutes from interrogations conducted by proxy or delegation
• Statements from witnesses questioned by proxy or delegation
• Examination and investigation reports, criminal records, and information on the defendant’s personal and economic status

If personal information on the defendant or victim is involved, the court may decide to hold a closed session for such details if explicitly requested.

If a witness's statement is the sole evidence, the witness must testify in court, and previous statements cannot substitute live testimony. Article 6/3-d of the ECHR emphasizes the right to a fair trial, ensuring the presence of witnesses for cross-examination. Statements from witnesses who refuse to testify cannot be read or considered as evidence.

In certain situations, if the witness or co-defendant is deceased, mentally incapacitated, or cannot be located, prior statements may be read in court. If a witness’s statement holds high importance, however, live testimony is required.

Judgments cannot be based on evidence not discussed in court. The discussion of evidence is crucial for a fair trial, with speaking order beginning with the complainant or representative, followed by the prosecutor, defendant, and defense counsel. The defendant has the final statement before judgment.

The court may reject evidence in the following cases:

• If obtained unlawfully
• If irrelevant to the decision
• If intended solely to delay the proceedings

The prosecutor and defendant or defense counsel may jointly agree to forgo certain witnesses or evidence.

The late disclosure of evidence cannot be grounds for rejection, as this is crucial to protect the defendant's right to a fair trial.

This article was prepared by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and belongs to Bayar Law Firm. It cannot be copied or used without permission.