AKSOY İPEKCİOĞLU, Pervin Doğu Akdeniz Üniversitesi - Hukuk Fakültesi - Ceza ve Ceza Muhakemesi Hukuku Anabilim Dalı, Turkey

The Legal Character of the Process of Taking Body Samples and Its Convenient to the Constitution

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Taking body sample is used for evaluating the evidence which is acquired during the investigation and prosecution in the criminal procedure. This proceeding alllows of evidence for being compared with the sample which is taken from the suspect’s or accused’s body. The legal character of taking body sample is important for solving some legal questions. In fact, some authors approach it as an investigating tool; some of them consider as an safequard which is applied for acquiring the evidence upon on judge’s or prosecutor’s decision. The identification of legal character of it also means for the right to silence which is ensured in the Art. 38/5 of 1982 Constitution. Because if the suspect or accused do not accept for giving sample on his/her own body, it is contorversial that it is taken by force or not and if it is acquired forcibly, it is broken or not the Art. 38/5 of Constitution.

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Taking body sample , Right to silence , The consent of suspect , accused

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