Law of Evidence at Turkey
Turkey's legal system governs the law of evidence through the Code of Civil Procedure (Law No. 6100, HMK) and the Code of Criminal Procedure (Law No. 1412). These codes establish the principles, admissibility, and evaluation of evidence in civil and criminal proceedings, respectively.
⚖️ Civil Procedure (HMK – Law No. 6100)
1. Burden of Proof (Article 190)
The burden of proof rests with the party who asserts a fact that would lead to a legal consequence in their favor. In cases involving statutory presumptions, the burden is on the party asserting the presumption, unless the opposing party can prove otherwise. (Article 190 of the Code of Civil Procedure | Turkish Republic Laws - HMK)
2. Admissibility of Evidence (Article 189)
Parties have the right to present evidence in accordance with the law. Evidence obtained unlawfully is inadmissible. Certain facts must be proven with specific types of evidence as prescribed by law. (Turkish Code of Civil Procedure » Turkish Legislation)
3. Evaluation of Evidence (Article 198)
Judges evaluate evidence freely, except where the law mandates otherwise. This grants judges discretion in assessing the weight and relevance of the evidence presented.
4. Documentary Evidence
Documents, including electronic records, are admissible as evidence. The authenticity of foreign-language documents must be verified through official translation. Parties may request the production of documents from third parties if necessary for the case. (Dispute Resolution: Türkiye - CBC Law | Turkish Law Firm)
5. Witness Testimony
Witnesses are required to take an oath before testifying. They may refuse to testify if it would harm their own interests or those of close relatives. However, refusal to testify is not permitted in cases involving family matters or financial disputes between family members. (Turkish Code of Civil Procedure » Turkish Legislation)
⚖️ Criminal Procedure (Law No. 1412)
1. Presumption of Innocence and Burden of Proof
The presumption of innocence is a fundamental principle. The prosecution bears the burden of proving the accused's guilt beyond a reasonable doubt.
2. Admissibility of Evidence
Evidence obtained through unlawful means, such as torture or coercion, is inadmissible. Confessions must be voluntary and corroborated by other evidence. (Law No. 1412 on Criminal Procedure, Türkiye, WIPO Lex)
3. Witness Testimony
Witnesses are required to take an oath before testifying. They may refuse to testify if it would harm their own interests or those of close relatives. However, refusal to testify is not permitted in cases involving serious crimes.
4. Expert Evidence
Experts may be appointed by the court or requested by the parties to provide specialized knowledge. Their findings assist the court in understanding complex matters. (From Arrest to Verdict: Understanding Turkey's Criminal Court Proceedings -)
🧾 Additional Considerations
Chain of Custody: Maintaining a documented chain of custody is crucial for the admissibility of physical evidence. Any break in the chain can render the evidence inadmissible. (From Arrest to Verdict: Understanding Turkey's Criminal Court Proceedings -)
Digital Evidence: Digital evidence, such as emails and electronic documents, is admissible. Proper authentication and preservation are essential to ensure its integrity. (Litigation & Dispute Resolution 2015, Turkey Chapter | Gün + Partners)
No General Discovery: Turkey does not have a general discovery process. Parties are responsible for gathering and presenting their own evidence, with limited obligations to disclose documents to the opposing party.
Turkey's legal system emphasizes the lawful acquisition and evaluation of evidence, safeguarding the rights of individuals while ensuring the integrity of the judicial process.
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