CONSTITUTION
Article 36 – Everyone has the right to a fair trial by claiming and defending as plaintiff or defendant before the judicial authorities by making use of legitimate means and means.
Article 38- (Additional paragraph: 3/10/2001-4709/15 Art.)
Findings obtained illegally cannot be accepted as evidence. No court can not avoid looking at the case within its mandate and authority.
Unlawful evidence is the fact that the parties obtain the evidence to be presented in civil and criminal proceedings in violation of the Constitution, laws, fundamental rights and freedoms, and present the evidence they have obtained in this way to the court. Evidence deemed illegal cannot be taken as the basis of a judgment.
law of civil procedure, in Article 189/2, has regulated illegal evidence as ‘it cannot be taken into account in the proof of the fact’. This matter has been clarified in the justification of the law.
While the subject of unlawful evidence is not regulated in civil proceedings, it is regulated in the Constitution. The discussion of unlawful evidence in criminal proceedings started after the debates in civil proceedings. Everyone can prove their claim in civil and criminal proceedings, but they have to do this with legal evidence.
