What Does It Mean to Refusal to Testify

Persons Who May Be Afraid of Testifying and Who May Be Afraid of Testifying

1-) The following persons may be afraid of testifying:

a) The suspect or the defendant’s fiancée,

b) The spouse of the suspect or accused, even if there is no marital bond left,

c) The suspect or the accused’s blood or beech blood is superior or inferior,

d) Blood of the suspect or accused, including the third degree, or his in-laws, including the second degree,

e) Those who have adopted ties between them and the suspect or the accused. Dec.

2-) Those who are not able to understand the importance of abstaining from testifying due to their 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 a defendant, he cannot make a decision about whether these people should be afraid.

3-) Those who may be afraid of testifying are informed that they may be afraid of testifying before being listened to. These people can always refrain from testifying while they are resting.”

The right to abstain from testimony can be exercised both at the stage of investigation and at the stage of prosecution.
A witness who has the right to abstain from testifying has the right to demand a sworn-sworn hearing.
The existence of an engagement can be understood by the facts that indicate that there is an intention to marry on the parties.
If the provision is based on the statements of the witness who has the right to abstain from testifying alone, the failure to remind of the right to abstain is considered a procedural error if it is effective in the outcome.
Do Not Be Shy About Your Profession and Your Endeavors

Even with the consent of the person concerned, the right of lawyers to abstain from testifying due to the specifics of their professional activities is an absolute right. If the person concerned has the consent, members of professions other than the legal profession have no right to hesitate to testify.
The benefit that the emergence of material truth will bring from the point of view of society, as well as the relationship of trust between the persons to whom the professional will testify and the persons to whom the trust will not be damaged, were discussed, and it was found more beneficial from the point of view of the social fabric.
Professional secrets are not accepted for journalists. For example, if a person is killed while he is busy shooting news, the journalist has to testify, he has no right to hesitate. A journalist is obliged to describe the incident he witnessed as a witness. However, there is no obligation for the journalist to disclose the news sources he has learned because of the news he has done.
Notification of the Reason for Abstention from Testimony

Those who have the right to abstain from testifying should report the facts that cause them to abstain from testifying at the request of the relevant judicial authority.
Participating or accused subjects have not been granted the right to request the witness to report to the court any facts that cause hesitation.
A witness may be sworn in by the judge for the reason of abstaining from testifying.
Do Not Hesitate to Testify Against Him Or His Relatives

Even if the witness testifies, CMK 45. he may hesitate to answer questions that may lead to criminal prosecution of relatives specified in the article.
The purpose of the article is to prevent the witness from lying to protect himself or his relatives from criminal prosecution.
When asking a witness a question, it should be reminded that he has the right to hesitate to answer questions that will lead to the opening of a criminal prosecution against his relatives.

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