Testimony is mandatory in criminal proceedings, and the person who must be heard as a witness for a trial cannot arbitrarily hesitate to testify. The law counts as a restriction under which circumstances one can abstain from testifying. According to this;
1-) The suspect or the accused’s fiancee.
2-) The suspect or the accused’s spouse, even if there is no marital ties.
3-) The suspect or the accused’s parent or descendant by blood or beech kinship
4-) The suspect or the accused’s relatives by blood including third degree or beech relatives including second degree.
5-) Those who have a bond of adoption with the suspect or the accused.
He may shy away from testimony.
– Those who are not in a position to understand the importance of refraining from testifying because of their young age, mental illness or mental weakness can be heard as witnesses with the consent of their legal representatives. If the legal representative is a suspect or accused, he cannot decide on the withdrawal of these persons.
Testimony can be avoided both in the investigation phase and in the prosecution phase.
- Persons who may hesitate to testify are informed that they may abstain from testifying before being heard. These people may always hesitate to testify, even while resting.
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