Act(s) which constitute the basis of criminal procedure, may also result in a disciplinary obligation, due to the legal status of the Actor. When this occurs, then the question is: whether the evidence that is obtained through communication surveillance during criminal procedure, may it be admissable during disciplinary procedure, or not. If the answer is ‘yes’, then the next question is: under which conditions would it be possible to admit this evidence in? This is a subject of ongoing discussion. The reform that is made, regarding the illegal/inadmissible evidence within the criminal procedure law, is not completely reflected upon administrative law. For this reason, within disciplinary law, the evidence obtained through communication surveillance is admitted in without any restrictions. Scholars have not conducted much research on this subject. In this article we have examined this subject under the light of the Council of State and Court of Cassation’s decisions; and we also have made some suggestions on this subject
Primary Language | English |
---|---|
Journal Section | Research Article |
Authors | |
Publication Date | June 1, 2013 |
Published in Issue | Year 2013 Volume: 6 Issue: 2 |