Ceza Muhakemesi Hukukunda Tanık Beyanının İtibari Değerine İlişkin Bazı Özel Durumlar
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Date
2021-04
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Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi
Abstract
n criminal procedure law, anything that represents the crime can be evidence. In this respect, the rule of free evaluation of evidence applies in criminal procedure. In trial, the judge freely evaluates all the evidence which lawfully obtained and for which an evaluation prohobition is not foreseen (CMK Art.217/1). Similarly, during the investigation, the public prosecutor also has discretionary power in terms o f whether the evidence he/she obtained in accordance with inquisitorial principe constitutes a degree o f sufficient suspision to make a criminal charge against defendant.
In criminalprocedure law, there is no legal rating ofthe credibility ofany type of evidence. However, depending on the evaluation oftheprosecutor orjudge, it differs for various reasons and whether the evidence has an evidentiary value in investigation and to what extent it will affect the proof in trial. In this study, the credibility of the witness statement as afrequently used evidence in criminalprocedure will be evaluated by taking into account whether the witness has directly observed the crime, his age, whether he has a criminal record based on theprevious criminal convictionfor any crime. In this context, the reasons affecting the credibility of the witness statement within the framework o f current practices in comparative law will be examined by
including explanations regarding the Continental and Common Law legal systems.
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Keywords
Character evidence, witness testimony, credibility of witness testimony, proof, free consideration o f evidence.