What Does a Witness Mean – Is It Mandatory to Testify

What is a Witness , What Does It Mean?

A witness, in other words, a witness; these are people who are known to have knowledge and good manners about the incident that is the subject of a lawsuit, but are not parties to it as a plaintiff or defendant.

Is It Mandatory to Testify? I was Called as a Witness, Do I Have to Go?

As a rule, it is mandatory to testify. So when you’re called as a witness, you have to go. As a witness, you can give your statement by coming to the public prosecutor, judge or court. When giving your statement, you must tell as much as you know about the incident that was the subject of the case, and also swear that you are telling the truth. In some exceptional cases specified in the law, you may not testify without hesitation by testifying.

What Are the Conditions of Abstention from Testifying? In Which Cases Can I Abstain from Testifying?

As we mentioned above, as a rule, you have to testify, and this requirement is based on the law. However, you cannot be asked to testify in a way that is to the detriment of your relative or a relative. However, it is also a matter of separate discussion whether this statement that you will give is reliable considering that it will be for protection purposes. For these reasons, the law has given some people the opportunity to refuse to testify and to hesitate in some cases.

Who Can Be Afraid to Testify? In What Cases Do I Have the Right Not to Testify?

in accordance with Articles 247 and the continuation of the Civil Procedure Code No. 6100, you may abstain from testifying in the following cases. In civil cases, the defendant or plaintiff, and in criminal cases, the defendant or suspect;

His Fiancée,
Even if there is no marriage union between them, that is, even if they Dec divorced, his wife,
Mother, father, child, grandson, grandmother, grandmother, grandfather, that is, the lower and upper lineages,
There are adoptive ties between Dec,
The third degree in civil cases and the second degree in criminal cases, including blood and in-laws, that is, relatives of the uncle, uncle, aunt, aunt and wife of the same degree.
I Was Shown as a Witness for an Event That I Didn’t Witness or Know About, What Should I Do ?

In practice, the parties to the case usually show many people they know as witnesses, whether they have anything to do with the incident or not. Unfortunately, there is nothing you can do at this point. It will be enough for you to state that you do not know anything about the incident or the matter and swear that you are telling the truth when you are present in the courtroom on the day and time of the notification that has come to you. In addition to the expenses you make, you may be paid a small amount of wages considering that you are prevented from your job.

What About the Way I Did It For the Testimony, the Expenses for Nutrition, Accommodation and So On?

Considering that you are coming from another city or a long distance away, you can claim the road, nutrition, accommodation and similar expenses that you have made by specifying them in court. If you want to take advantage of this convenience that the law recognizes for you, you must submit documents showing the expenses you have incurred.

I Was Shown as a Witness, Do I Have to Go? What Happens If I Don’t Go?

If you do not go to the case where you are shown as a witness on the specified day and time, a decision will be made about you to be forcibly brought. On the next hearing day, you will be forced to be brought by the police or gendarmerie, and you will also be obliged to pay any costs that may arise due to your forced entry.

I Can’t Leave Because of My Job, I Don’t Have Time to Testify, What Can I Do?

You may not be available on the specified day and time to testify due to your work intensity or health problems. In these and similar cases, it is in your best interest to submit your excuse in writing to the court summoning you. In the court paper that comes to you, that is, in the notification, the court that calls you and the relevant file number are written. If you submit a petition to the court containing these considerations and your alibi, and the court accepts your alibi, you are relieved of your obligation to go as a witness. But we strongly want to note that not every excuse offered is accepted. We recommend that you use explanatory, detailed and consistent statements when presenting your excuse. Excuses such as ”I am very busy, I have a job that day, I am tired” are not accepted as you will deserve.

What Am I Going to Say, What Am I Supposed to Say, What Am I Supposed to Do When I Testify?

The easiest part about testifying is that you tell us what you know. There are no legal actions that you need to take, no legal words that you need to use. The same way you tell your friend about the incident in front of the court, you should tell the judge about the incident in the same way, avoid lying. Besides these, the most important thing you should pay attention to is; don’t forget to take your ID card with you.

What Happens If I Commit Perjury? Is There a Penalty for Perjury?

Perjury is considered a crime under the Turkish Criminal Code. If the judge suspects your statements and believes that you are lying, perjury, he may notify the Public prosecutor’s office to initiate legal proceedings against you. The investigation and trial that will take place may go as far as you are punished with a prison sentence. In addition to processing this issue in your judicial record, that is, in your criminal record, you may also be obliged to pay compensation to the counterparty.

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