Ceza Muhakemesi Hukukunda Karakter Delili

Abstract

In criminal procedure, character evidence refers to evidence relating to behaviours and tendencies other than facts. Although the use of character evidence is prohibited as a rule in Anglo-American law; Continental European law does not include restrictions on proof of character. There is no prohibition under the Criminal Procedure Code either. Within the scope of the thesis, it is underlined why character is significant in criminal procedure, while seeking to define it with the help of various disciplines. Although there is no direct regulation regarding character evidence, the other goal of the thesis is to define the place of character evidence in the law of evidence in relation to the general regulations in the Criminal Procedure Code and the doctrine's views. As a circumstantial fact, the character's relationship with several institutions in the law of evidence is demonstrated. Finally, the differences between Anglo-American and Continental European approaches to character evidence are explained. It is attempted to assess whether there is a need for a regulation in Turkish criminal procedure law by discussing arguments in favour and against character evidence in Anglo-American law.