CMK article 217/1: "The judge can only base his decision on the evidence brought to the hearing and discussed before him. These evidence are freely evaluated by the judge's conscientious opinion."
Principle: Conscientious Conviction
The principles of "freedom of evidence" and "conscientious conviction" in Turkish criminal proceedings. is essential. The judge evaluates the evidence as a whole, not by assigning certain weights.
Limits
- Evidence obtained in accordance with the law
- Logical, consistent, reasonable opinion
- Obligation to write a reasoned decision (Constitution article 141)
- Doubt is interpreted in favor of the defendant. (in dubio pro reo)
Evidence Prohibitions (CMK art. 148, 206)
- Expression taken by prohibited methods (m.148)
- Evidence obtained illegally (m.206)
- These evidence cannot be used
Supreme Court CGK
CGK, It consistently adopts that conscientious conviction is not "arbitrary" and that it must be supported and justified by concrete evidence. Otherwise, the decision is annulled.
In Civil Trial
HMK Article 198: The civil judge also evaluates the evidence according to his conscientious opinion; However, definitive evidence (deed, confession, oath) is binding on the judge.
Lawyer support is recommended.