Hukuka Aykırı Delillerin Disiplin Soruşturmasında Kullanılması Sorunu

Abstract

Revealing the material fact is only possible with the evidence obtained by lawful methods in the criminal or disciplinary investigation. Even if it is on the grounds of revealing the material fact, illegal evidence cannot be relied on. Because there is an absolute prohibition here that derives from the Constitution and universal law principles. Therefore, it is not possible to give an exception to the use of evidence obtained against the law in the disciplinary investigation where the characteristics of the concrete event, the reasons for the public interest that can be misused, abused and arbitrarily interpreted. In addition, as a requirement of the principle of the rule of law and the right to a fair trial, it is not possible for the state neither to obtain unlawful evidence nor to legitimate any unlawful evidence or involve them with the judicial process.