Presentation of Evidence and the Impact of Excluded Evidence in Criminal Procedure

Article 217 of the Criminal Procedure Code addresses discretion in evaluating evidence. This article upholds the principle of freedom of evidence in criminal procedure, which must be considered alongside evidence exclusion rules. Evidence must be presented in court to comply with the principle of immediacy.

The judge may only base the decision on evidence presented and discussed in court. The accused offense may be proven by any evidence legally obtained, while findings obtained unlawfully cannot be admitted as evidence.

Article 148 of the Criminal Procedure Code outlines prohibited methods in statement-taking and interrogation. Statements by suspects and defendants must be given freely without coercion, torture, deception, or threats. No unlawful benefit may be promised.

Statements obtained through prohibited methods are inadmissible as evidence, even if given voluntarily. Statements taken without legal counsel are not admissible unless verified by the defendant before a judge.

If the obligation to inform is violated during evidence collection, the evidence is considered unlawfully obtained. Examples include:

• Failure to inform the detained person of their rights
• Failure to remind the right to silence or the right not to incriminate family members
• Failure to inform the right to legal counsel

Evidence obtained without adhering to these obligations cannot be used in court.

Unlawfulness in protection measures during the decision-making phase may lead to the exclusion of evidence obtained through these measures. For example, surveillance or search procedures conducted without proper legal authorization are inadmissible.

Illegally obtained evidence is prohibited as a basis for rulings. During investigations or trials, evidence obtained unlawfully, even by third parties, is subject to the same restriction. Courts must acknowledge the existence of illegal evidence in the file but clarify its lack of influence on the ruling.

The European Court of Human Rights (ECHR) also considers convictions based on illegally obtained evidence as violations of the right to a fair trial. Criminal procedure aims not only to convict but to reveal the truth, and adherence to legal standards is essential for a fair judicial process.

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.