Abstract:

The purpose of the criminal proceedings is to achive to the material facts. Judge should limit himself with accordance with the law of evidence when trying to reach to reality. In Turkish law it is accepted that inhibition of evaluation of the unlawful evidence is absolute. In our legal system there is no difference between public authorities and private persons with regard to evaluation of the evidence. However it is to be mentioned from the evidence that achieved as violation of procedure, necessitates that the evidence is to be unlawful from the beginning. Therefore the evidence to be contrary to law should be considered different from each other in terms of the private individuals and the authorized public servants. In this study, the inhibition of evaluation of the unlawful evidence is discussed as theoretical and practical by giving place to this distinction

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