Burden of Proof in Criminal Law of Türkiye

Proof in Criminal Procedure: The Role and Importance of Evidence in the Trial Process

Proof in criminal procedure refers to the process of collecting, presenting and evaluating evidence during the trial process in order to reveal the material truth. This process is extremely critical for the proper administration of justice. Understanding the subject and scope of proof and how evidence is used in criminal procedure law is of great importance for law practitioners and individuals seeking justice.

The Purpose of Criminal Procedure and the Importance of Proof in Criminal Law in Türkiye

The main purpose of criminal procedure is to determine whether a crime has actually been committed and to force the perpetrator of the crime to account before justice. However, it is unacceptable to ignore the basic principles of law in this process. Establishing justice is only possible with the use of evidence obtained by lawful means. In this context, it is essential to observe human rights and fair trial principles instead of trying every possible way to reach the material truth.

Subject and Scope of Proof

The subject of proof is the material facts that directly affect the proof of the crime and the important supporting events for the proof of these facts. What needs to be proven in criminal procedure is whether the defendant committed the crime and whether the elements of the crime are present. In this process, in addition to the events directly subject to the crime, other facts related to these events may also be the subject of proof.

Burden of Proof in Criminal Law in Türkiye

In criminal proceedings, the burden of proof is not placed on a particular party, unlike civil proceedings. In criminal proceedings, the suspect or defendant does not have to prove that he is guilty. Instead, the prosecution and the court share the responsibility for collecting and evaluating evidence to establish the material truth. This process is based on the principle that the defendant benefits from the presumption of innocence and that doubt will be interpreted in favor of the defendant. The prosecution must prepare an indictment based on sufficient suspicion, but proving this allegation is within the duty and authority of the court.

The Role and Evaluation of Evidence

Evidence is the most important means of reaching material truth in criminal proceedings. During the criminal procedure process, tools accepted by the legal order are used in the collection, presentation and evaluation of evidence. The authenticity and legality of the evidence plays a fundamental role in the judge's formation of conscientious opinion. However, this opinion must be based on concrete evidence and must comply with the rules of logic, reason and law.

Supreme Court decisions also emphasize how critical the discussion and evaluation of evidence is in the trial process. It is stated that the evidence must be objective and concrete and should not leave any room for doubt, otherwise the defendant cannot be convicted. Criminal Law in Türkiye

Relativity of Proof

Relativity of proof in criminal procedure is based on the judge's subjective opinion in evaluating the evidence. Although the evidence reflects objective facts, the conclusion reached by the judge when evaluating this evidence is subjective. Therefore, different judges may reach different conclusions based on the same evidence. The important thing is that this opinion is formed without contradicting the rules of logic, reason and law.

Conclusion

Proof in criminal procedure is of vital importance in terms of protecting the right to a fair trial and revealing the material truth. Conscientious conviction formed by legal evidence plays a fundamental role in ensuring justice. In this process, a correct understanding of the burden of proof and the effective use of evidence are indispensable for a fair trial. You can contact our Çanakkale criminal lawyers for quality legal services at Beyaz Law.