Abstract:

The primary requirement for the material truth in the criminal trial and for the right decision in terms of the legal system is that the evidence is presented and assessed in a healthy way. The evidence is placed in the trial and is open to debate. The judge creates his conscience by judging the evidence brought to trial and discussed in his presence by judging freely. In this context, the judge compares the rules of experience with the content of the testimony to determine the evidence value of the witness statement. The judge, on the basis of the rules of experience, acknowledges the testimony that he has acknowledged in the conclusion of his assessment that it is in accordance with the truth as evidence and judges it. The witness declaration that he finds unreliable or generally known facts, which he sees contrary to his life experiences, does not accept as evidence.This study under the title "Evaluation of the witness declaration as evidence in criminal proceedings" discusses the revelation, discussion and assessment of the witness declaration in terms of conformity to the truth.

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