İSPAT HUKUKUNUN ESASLARI

Proving means to succeed in persuading the judge onthe existence of an event. The German Criminal Procedural Law envisages a strict formalism about obtaning the evidence in order to determine the conditions which are essential from the point of view of the realization of the act, delinquency of the perpetrator, the amount of the punishment, namely point under delinquency and punishment (Strict Evidence): the instruments of the evidence and their manner of usage are restricted. The court may examine all other issues according to the usual practice under the method of liberal evidence. In other words, the judge may constitute the conscientious opinion in any manner. Being different from the civil procedural law, in the criminal procedure a remarkable principal which is composed of the necessity of allessential events pertaining to the court decisionto be proved is valid. But, if the existence of anevent is obvious, as exeptional it isn’t necessary to be proved. Beside the prohibition on obtaining the evidence, there are also prohibitions about the subject of evidence, evidence instruments, the method of evidence, relative evidence, evaluation of evidence. The theory of The Fruit of The Poisoned Tree accepts that the evidence which is derived from an illegal evidence is also illegal. Even, the evidences which are obtained by means of private persons being contrary to law cannot be used.