Adli Olaylarda Delil Toplama ve Dijital Delillerin Kosova -Türkiye Uygulamalarının Karşılaştırılması

Abstract

Evidence is an important tool to reveal whether a crime has been committed. In forensic cases, the methods of crime scene investigation are numerous and varied. Evidence is the element that helps to understand how the crime was committed during the trial phase and will prove the event. For this reason, the evidence helps to make the trial fair and fast with the proof of the crime committed to reach the material truth. Evidence also helps judicial bodies understand the relationship between crime and criminal and make decisions. Evidence obtained from the crime scene gives information about the way the crime was committed, the time of the crime, the course of action of the accused, the victim and the crime scene. On the other hand, with digital systems taking more place in social life, the concept of crime scene has shifted from a physical environment to the digital field, thus causing new types of crime to be committed digitally and as a result, the concept of digital evidence has emerged. According to Kosovo legislation, there are no specific laws regarding the collection of digital evidence. On the other hand, there are legal regulations regarding digital evidence in exemplary countries such as Turkey. In this study, the methods of collecting evidence in forensic cases and the legal legislation on digital evidence in Kosovo and Turkey will be compared.