Assessment of the Decision of the İzmir 2nd Assize Court on Unlawful Evidence

26 April 2019Murat Volkan DülgerCommentary

Introduction

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

Unlawfully obtained evidence is one of the most controversial subjects of criminal procedure law and, at the same time, one that never loses its topicality. Many principles have been put forward in this field, and numerous legal systems have adopted differing rules in accordance with the different criminal procedure policies they follow. In Turkish criminal procedure law, unlawfully obtained evidence is subject to an absolute prohibition on use. The focus of this article is the decision of the İzmir 2nd Assize Court on this subject, which concerns an unlawful search warrant and the evidence obtained on the basis of that warrant.