The witness, in the dictionary of the Turkish Language Institution; It is defined as the person whose knowledge and experience are consulted at the hearing. The institution of testimony, which plays an important role among the evidence that serves the purpose of reaching the final truth of the criminal proceedings, is regulated in detail in the Criminal Procedures Law. It should be noted that; In Article 6 of the ECHR, which regulates the right to a fair trial, there is a special regulation regarding witnessing and it is specifically regulated that the prosecution and defense witnesses are heard under the same conditions and that the prosecution’s diagnoses are not privileged.
The witness is considered a public official according to Article 6 of the Turkish Penal Code. The accused cannot be heard as a witness in a trial in which he is tried. If the victim is a witness, he can be a witness. According to Article 236/1 of the Criminal Procedure Code, when the victim is heard as a witness, the provisions regarding witnessing, except for the oath, are also applied to the victim. In accordance with Article 201 of the Criminal Procedure Code, the criminal lawyer can directly ask questions to the witness.
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