Abstract:

The aim of criminal procedure is to reveal the material truth by searching. However, it is not permitted to adopt every way that overlook the legal principles to achieve this aim. The material truth must be acquired through observing basic human rights and forming a full conscientious conviction in the judge with evidence in accordance with the law. Since the aim of criminal procedure is to present the truth about a fact, these material facts constitute the subject of the proof. In this regard, to be able for the accused to be given a verdict of conviction, it must be constant that the alleged crime was committed by the accused. In the event that the suspicion cannot be removed at the end of the trial process, a conviction will not be made for the accused in accordance with the principle of “the defendant benefits from doubt”. In criminal procedure -contrary to civil procedure- one or more of the subjects of the proceedings are not under the burden of proof. The proof that is expected to emerge at the end of the criminal procedure is not absolute, but relative.

Keywords: