Türkiye Adalet Akademisi Dergisi

Yazarlar: Yunus Emre BAĞLAR

Konular:Hukuk

Anahtar Kelimeler:Physical examination,Taking body sample,Consent of the individual,Evidence

Özet: In the modern day, the developments in science and technology effects our law on criminal procedure among other things. Physical examination and taking samples from the body processes are also among the injunctions that take place in our legislation and contribute to reveal tangible reality in the light of these developments. According to Former Law Period, examination and sample taking processes which were issued in more detail in 5271 numbered Law on Criminal Procedure present an exclusive importance in regard of concerning closely the individual rights and freedoms. In the first chapter of our study, the corresponding meanings of examination and sample taking concepts in our legislation and doctrine have been mentioned and in the second chapter, the legal eligibility of injunction has been discussed. In the third chapter, terms of the application of injunction has been approached under separate titles in terms of the suspect, the defendant and the other individuals. Also, the provisions regarding on conditions which are present importance such as breath test and blood drawing in the special law, paternity determination test for the kid and exemption from testifying. In the fourth chapter, the consent issue on the applying of injunction has been discussed under the light of “nemo tenetur” principle. In the fifth chapter, explanations have been made on the matters of the consequence of obtained data and using these data in other criminal procedures. In the last chapter, the article has been brought to an end by making evaluation regarding on objection by law.

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