Yıldırım Beyazıt Hukuk Dergisi

Yazarlar: Fatma Ebru GÜNDÜZ

Konular:-

DOI:10.33432/ybuhukuk.537639

Anahtar Kelimeler:Illegal Evidence,Disciplinary Law,Rule of Law,Right to a Fair Trial,Right to Legal Remedies

Özet: It is important how the evidences are obtained as much as the power of the evidence used to reveal the material truth. While it is strictly enforced in the criminal proceedings that the illegal evidence can not be used; there are different judicial decisions and opinions how it will be applied in disciplinary law. In accordance with the rule of law principle, the right to a fair trial and the right to legal remedies, illegal evidence should not be used in disciplinary law. The acceptance of illegally obtained evidence in disciplinary law will jeopardize the legal security of the individual and legitimate unlawful behavior. Stretching the principle of disregarding illegal evidence in disciplinary law may create a serious threat to the fundamental rights and freedoms of the individual at the time when technology is highly developed and accessible to most people. Disciplinary penalties which are based on illegal evidence will be nullified by the administrative jurisdiction.     

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