In criminal proceedings, evidence is of vital importance in proving whether a crime has been committed and who the perpetrator is. In this article, we will examine the importance and use of evidence in criminal cases in detail.

Definition and Types of Evidence

In criminal proceedings, evidence refers to any means used to prove facts related to a crime. Evidence is divided into two categories: material and moral:

Material Evidence: Evidence that can be perceived by senses such as sight, hearing, and touch and has a concrete structure. For example, fingerprints found at the scene of a crime, a knife, the victim’s body, etc.

Pecuniary Evidence: Evidence that does not have a concrete structure, such as eyewitness statements, expert reports, and the defendant’s confession.

Importance of Evidence

We can list the importance of evidence in criminal cases as follows:

Determining Whether a Crime Has Been Committed: Evidence is the most important tool in revealing whether a crime has been committed and who the perpetrator is. The judicial authority tries to reach the material truth by evaluating the evidence.

Fundamentals of a Fair Trial: For a fair trial, evidence must be collected, stored and evaluated in accordance with the law. Incomplete or unlawful evidence may undermine a fair trial.

Protection of the Rights of the Defendant: The defendant has the right to see and examine the evidence presented against him. In addition, he is given the opportunity to make a defense regarding the evidence and to have witnesses heard.

Use of Evidence

The use of evidence in criminal proceedings is regulated by the Criminal Procedure Code (CMK) and other relevant legislation. The following points should be taken into consideration during the collection, storage and evaluation stages of evidence:

Collection of Evidence in Accordance with the Law: Collection of evidence in unlawful ways results in a ban on evidence and it is not possible to use this evidence in the case.
Storage of Evidence: Evidence must be stored securely so that the chain of evidence is not broken and it is not tampered with.
Evaluation of Evidence: Evidence is freely evaluated by the judicial authority. However, this judgment must be based on conscientious conviction and logical justification.

Some Important Points Regarding Evidence

Not every piece of evidence may be sufficient on its own. More than one piece of evidence must be evaluated together.