Abstract:

According to the second sentence of the 189st article Turkish Code of Civil Procedure, the evidences that are obtained by illegal ways to prove an event can not be taken into account by the Court. Similarly, in the Article in the Article 38, subsection VI of the Turkish Constitution it is stated that findings that are obtained illegally can not be accepted as evidence. Because of this provision, every illegal evidence which is taken into consideration by the court will cause the reversal of the decision. As regards ideal law, this provision must be moderated. Except the states in which illegal evidences are obtained by violation of the fundamental rights that are guaranteed in the Constitution, it must be searched if there is a balance between the legal violation of the party, who obtained evidence illegally and wants this evidence to be assessed, and his interests that worth being protected

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