Intelligence In Criminal Procedure Law*

Abstract

Under the practice of Turkish Criminal law, matters that are generally assessed under the concept of intelligence , such as an informant s declaration , eavesdropping for intelligence , declaration of a secret witness , information gathered by the police force from various different sources , constitute the basis for many criminal procedures such as prosecution, judgment of conviction; searches and seizures, arrest. Due to its nature, since intelligence is one sided , circumstantial , secret , its truth cannot be proven , and data which has been processed in a certain way , and in reality since it exists as a police activity pertaining to the period before the perpetration of the crime , there is a debate whether it could be used as evidence in criminal procedure, and if it would be accepted as evidence, under what conditions this could be possible. In this paper, this subject is examined with a view of the approaches in the doctrine, and of the applications of the Court of Cassation.