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The Admissibility of Improperly Obtained Evidence: The Turkish Approach in Comparative Perspective

Published online by Cambridge University Press:  21 July 2015

A. Vahit Bıçak
A. Vahit Bıçak*
Affiliation:
Police Academy, Ankara
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Extract

In order to secure the necessary evidence for bringing offenders to justice, law enforcement officers are given powers to invade the freedom of individuals in the process of criminal investigations. These powers are not, however, unlimited; in modern democratic states the relationship between the public authorities and individuals is governed not by the arbitrary exercise of power but by power exercised within the constraints of law. Having said that, law enforcement officers do not always exercise their powers within the permitted limits. Where law enforcement officers exceed their powers, evidence may be obtained to incriminate the suspect in trial. The question of whether such evidence can be taken as a basis for judgement in Turkish law is the main concern of this article.

Type
Articles
Information
New Perspectives on Turkey , Volume 14 , Spring 1996 , pp. 75 - 96
Copyright
Copyright © New Perspectives on Turkey 1996

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