A witness is defined in the TDK dictionary as a person whose knowledge and manners are applied during the trial. The testimony institution, which undertakes an important task among the evidence that serves the purpose of reaching the final truth of the criminal trial, has been Deciphered in detail in the CMK. witness is defined in the TDK dictionary as a person whose knowledge and manners are applied during the trial. The testimony institution, which undertakes an important task among the evidence that serves the purpose of reaching the final truth of the criminal trial, has been Deciphered in detail in the CMK. It should be noted that the ECHR regulates the right to a fair trial 6. there is also a special regulation on testimony in the article, and it is specially arranged that the prosecution and defense witnesses should be heard under the same conditions and that no privileges should be granted to the diagnoses of the prosecution authority.
Witness TCK’s, 6. according to the article, he is considered a public official. The accused cannot be heard as a witness in a case in which he is being tried.itness TCK’s, 6. according to the article, he is considered a public official. The accused cannot be heard as a witness in a case in which he is being tried. If the victim is a witness, he can be a witness, according to CMK 236/1, when the victim is heard as a witness, the provisiotness TCK’s, 6. according to the article, he is considered a public official. The accused cannot be heard as a witness in a case in which he is being tried. If the victim is a witness, he can be a witness, according to CMK 236/1, when the victim is heard as a witness, the provisions related to testimony, except for oath, are also applied to the victim. According to CMK 201, the criminal lawyer may ask questions directly to the witness.
CALLING OF WITNESSES
Witnesses are summoned with a summons. The summons includes the consequences of not showing up. In cases where the witness is in custody, a forced attendance decision can be made without sendingsses are summoned with a summons. The summons includes the consequences of not showing up. In cases where the witness is in custody, a forced attendance decision can be made without sending a summons. The reasons for bringing the person in this way aitnesses are summoned with a summons. The summons includes the consequences of not showing up. In cases where the witness is in custody, a forced attendance decision can be made without sending a summons. The reasons for bringing the person in this way are shown in the decision letter and the action is taken regarding the witnesses who came with the summons paper.
This summons can also be made by using means such as telephone, telegram, fax, and e-mail. However, the results linked to the call sheet are not applied in this case.
The court may order the officials in writing to be present on the day and time specified by the witnesses who are deemed necessary to be heard immediately during the continuation of the hearing. The court may issue this order only at the prosecution stage.The court may order the officials in writing to be present on the day and time specified by the witnesses who are deemed necessary to be heard immediately during the continuation of the hearing. The court may issue this order only at the prosecution stage.
WHhe court may order the officials in writing to be present on the day and time specified by the witnesses who are deemed necessary to be heard immediately during the continuation of the hearing. The court may issue this order only at the prosecution stage.
WHAT HAPPENS IF THE WITNESS DOES NOT COME DESPITE THE SUMMONS?
Witnesses who do not comply with the summons are brought by force and the expenses caused by their failure to come are assessed and paid according to the procedure for collecting public receivables. However, if the witness who was brought by force later reports the reasons that justify his/her not coming before, the expenses awarded against him/her will be removed.
REFUSAL TO TESTIFY
Testimony is mandatory in criminal proceedings, and the person who should be heard as a witness for a trial cannot arbitrarily refrain from testifying. The law has limited the circumstances in which he may abstain from testifying. According to thismony is mandatory in criminal proceedings, and the person who should be heard as a witness for a trial cannot arbitrarily refrain from testifying. The law has limited the circumstances estimony is mandatory in criminal proceedings, and the person who should be heard as a witness for a trial cannot arbitrarily refrain from testifying. The law has limited the circumstances in which he may abstain from testifying. According to this;
The fiancée of the suspect or defendant.
The spouse of the suspect or defendant, even if the marriage bond is not intact.
The ancestor or descendant of the suspect or defendant by blood or by marriage.
Blood relatives of the suspect or defendant up to the third degree, or in-laws up to the second degree.
Those who have an adoptive bond with the suspect or defendant.
May refuse to testify.
– Those who are not in a position to understand the importance of refraining from testifying due to their age, mental illness or mental weakness may be heard as a witness with the consent of their legal representatives. If the legal representative is a suspect or accused, he cannot make a decision about the reservations of these people.t in a position to understand the importance of refraining from testifying due to their age, mental illness or mental weakness may be heard as a witness with the consent of the Those who are not in a position to understand the importance of refraining from testifying due to their age, mental illness or mental weakness may be heard as a witness with the consent of their legal representatives. If the legal representative is a suspect or accused, he cannot make a decision about the reservations of these people.
Both during the investigation phase and the prosecution phase, one may refuse to testify.
-Those who may refuse to testify are informed that they may refuse to testify before they are heard. These people can always refrain from testifying while they are resting.
THOSE WHO HAVE THE RIGHT TO WITHHOLD TESTIMONY DUE TO THEIR PROFESSION AND CONTINUOUS OCCUPATIONS
Lawyers or their trainees or assistants may withhold testimony due to the information they have learned due to their title or due to the judicial duties they undertake;HOSE WHO HAVE THE RIGHT TO WITHHOLD TESTIMONY DUE TO THEIR PROFESSION AND CONTINUOUS OCCUPATIONS
Lawyers or their trainees or assistants may withhold testimony due to the information they have learned due to their title or due to the judicial duties they undertake; Moreover, even with the consent of the person concerned, these people must be afraid of testifying.
Information that physicians, dentists, pharmacists, midwives and their assistants and all other members of the medical profession or arts learn about their patients and their relatives due to these adjectives.
Information that consultants and notaries assigned in financial affairs learn about the people they serve due to these adjectives.
if the consent of the relevant person is found for the groups mentioned in items 2 and 3, these persons cannot hesitate to testify.nformation that consultants and notaries assigned in financial affairs learn about the people they serve due to these adjectives.
if the consent of the relevant person is found for the groups mentioned in items 2 and 3, these persons cannot hesitate to testify.
DO NOT BE AFRAID TO TESTIFY AGAINST HIM OR HIS RELATIVES
Even if a witness testifies, he may refrain from answering questions that may subject him or the persons listed in the first paragraph of Article 45 to criminal prosecution. The witness is informed in advanceven if a witness testifies, he may refrain from answering questions that may subject him or the persons listed in the first paragraph of Article 45 to criminal prosecution. The witven if a witness testifies, he may refrain from answering questions that may subject him or the persons listed in the first paragraph of Article 45 to criminal prosecution. The witness is informed in advance that he may refrain from answering. The purpose here is to prevent the witness from lying in order to protect himself or his relatives.
UNDER OATH IN TESTIMONY
First of all, the following people rest without oath;
Those who have not completed the age of fifteen at the time of rest.
Those who do not understand the nature and importance of the oath because they do not have the power to distinguish.
Those who are suspected, accused or convicted of participating in crimes subject to investigation or prosecution, or favoring the criminal because of these crimes, or destroying, hiding or changing criminal evidence.Those who are suspected, accused or convicted of participating in crimes subject to investigation or prosecution, or favoring the criminal because of these crimes, or destroying, hiding or changing criminal evidence.
-If a witness has sworn even though he is one of the witnesses who should not legally swear, the statement of this witness is considered as the statement of a witness without oath in practice.
– At every stage of the investigation and prosecution phase, the witness to be heard is sworn in. Although the fact that the witness who is required to take an oath is heard without taking an oath is a reason for reversal, it is seen in the Supreme Court of Appeals’ decisions that if the statement of this witness is not effective on the merits, a decision of reversal is not givenge of the investigation and prosecution phase, the witness to be heard is sworn in. Although the fact that the witness who is required to take an oath is heard without taking an oath is a reason for reversal, it is seen in the SuprAt every stage of the investigation and prosecution phase, the witness to be heard is sworn in. Although the fact that the witness who is required to take an oath is heard without taking an oath is a reason for reversal, it is seen in the Supreme Court of Appeals’ decisions that if the statement of this witness is not effective on the merits, a decision of reversal is not given. If necessary or if there is doubt about whether a person should be heard as a witness, his oath may be postponed until after his testimony. The form of the witness’s oath is regulated by law and consists of saying the relevant sentence out loud.
HEARING OF WITNESSES
Each witness is heard separately and without the presence of subsequent witnesses. Witnesses may be confronted with each other and the suspect until the prosecution phase only in cases where there is a problem with delay or related to identification.Each witness is heard separately and without the presence of subsequent witnesses. Witnesses may be confronted with each other and the suspect until the prosecutiach witness is heard separately and without the presence of subsequent witnesses. Witnesses may be confronted with each other and the suspect until the prosecution phase only in cases where there is a problem with delay or related to identification.
In CMK 212, if the witness says that he cannot remember something, the relevant part of the report containing his previous statement is read to help him remember. When a contradiction is found between the witness’s testimony at the trial and his previous statement, the previously taken statement is read and attempts are made to eliminate the contradiction, the Decrees of which are included.
RE-HEARING THE WITNESS
When a witness who is heard under oath has to be heard again during the same investigation or prosecution phase, it may be sufficient not to take the oath again and to be reminded of the previous oath.When a witness who is heard under oath has to be heard again during the same investigation or prosecution phase, it may be sufficient not to take the oath again and to be reminded of the previous oath.
MATTERS TO BE ASKED TO THE who is heard under oath has to be heard again during the same investigation or prosecution phase, it may be sufficient not to take the oath again and to be reminded of the previous oath.
MATTERS TO BE ASKED TO THE WITNESS FIRST AND THE WITNESS’S TESTIMONY
Personal questions are asked to the witness first. If revealing the witness’s identity will cause harm to him/her, then his/her identity can be kept confidential.
THINGS TO SAY TO THE WITNESS AND QUESTIONS TO ASK
The witness is listened to without interruption by being informed about the subject he is going to testify about and by showing the accused or telling his identity if the accused is not ready. Questions may be asked to the witness if necessary. In Criminal Procedure, these questions are called cross-examination.o without interruption by being informed about the subject he is going to testify about and by showing the accused or telling his identity if the accused is not ready. Questions may be asked to the witness if necessary. In Criminal Procedure, s listened to without interruption by being informed about the subject he is going to testify about and by showing the accused or telling his identity if the accused is not ready. Questions may be asked to the witness if necessary. In Criminal Procedure, these questions are called cross-examination.
UNJUST WITHDRAWAL FROM TESTIMONY AND OATH
The person who withdraws without a legal reason is charged with the expenses arising from this, and in addition, disciplinary imprisonment may be imposed, not exceeding three months in any case, until the case is concluded. Once he has fulfilled his obligation to testify, he is released immediately.
COMPENSATION AND EXPENSES TO BE PAID TO THE WITNESS
A compensation is given to the witness in proportion to the time he has lost in the process of testifying. If the witness had to travel to be ready, travel expenses and residence and nutrition expenses at the place where he was called to testify are also covered. However, these expenses are not paid to the witness prepared by the accused.mpensation is given to the witness in proportion to the time he has lost in the process of testifying. If the witness had to travel to be ready, travel expenses and residence and nutrition expenses at the place where he was called to testify are also covered. However, these expenses are not paid to the witness prepared by the accused.
THE SECRET WITNESS
If the disclosure of the identities of the persons who will be heard as witnesses will pose a grave danger to themselves or their relatives, the necessary measures are taken to keep their identities hidden. The Witness Protection Law seeks the condition of grave and serious danger in order for this provision to be applied to the witness.f the disclosure of the identities of the persons who will be heard as witnesses will pose a grave danger to themselves or their relatives, the necessary measures are taken to keep their identities hidden. The Witness Protection Law seeks the condition of grave and serious danger in order for this provision to be applied to the witness. The institution of secret testimony finds an area of application only for crimes committed within the framework of an organizational activity.
Although confidential testimony can be criticized for disrupting the balance between the prosecution and defense, both the ECtHR and the Constitutional Court do not find confidential testimony unlawful and rule that the right to a fair trial is violated if the verdict is based solely on the confidential witness’s statement
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