Witnesses in the TDK glossary; is defined as someone who depends on his knowledge, his wisdom. The history of criminal proceedings is based on the history of CMK, a first-class testimony among service evidence that serves the purpose of reaching reality. It should be noted that; Article 6 of the ECHR, which regulates the right to a fair trial, is a special special arrangement for the witness and is requested, and it is specifically arranged that the defense witnesses are not allowed to be heard under the same conditions and that their preferred authority is not a privilege for their diagnosis.

The witness shall be considered a public official according to Article 6 of the Turkish Criminal Code. The defendant cannot be heard as a witness in a trial. The victim can be a witness, according to CMK 236/1, the victim can be listened as a witness. According to CMK 201, the criminal lawyer can ask the witness directly.

CALLING THE DIAGNOSIS
Witnesses are called with a call paper. The results of not arriving on the call paper are reported. In the case of detained work, a decision can be made to enforce the witnesses without sending call paper. There are reasons for this decision to be taken in this way and the witnesses who come with the call paper are made according to the procedure.

This call can be made by utilizing tools such as telephone, telegram, fax, electronic mail. However, the results connected to the call paper are implemented in the meantime.

The Court may order the attendants to make sure that the attendance of the attendance is readily available on the day and at the time specified by the witnesses. The court is in this order, but you are in prosecution.

WHAT HAPPENS IF DIAGNOSIS IS NOT RETURNED?
Witnesses who do not comply with the call are brought forcibly and are the reason they are not paid. The expenses are appreciated and they are paid according to the collection of public receivables. However, if the sentenced witness declares reasons to justify his / her absence, then the expenses against him shall be removed.

RECOMMENDATION
In criminal proceedings, witnessing is compulsory and the person who needs to be heard as a witness for a trial cannot be arbitrarily detained. In what circumstances the law was said to be a testament to your withdrawal. According to this;

Suspect or fiance of the accused.
If the marriage bond remains, the gall is the suspect or the accused.
Suspected or accused of blood pressure or relationship between the parent
The suspects or suspects are included in the third degree including blood or second degree feminine relatives.
The suspect or the accused are those who have a bond.
He may withdraw from the witness.

– The fact that the age group, mental illness or mental weakness can understand the importance of fear of witnessing, may be heard as witnesses with the consent of their legal representatives. If the legal representative is a suspect or accused, they cannot decide on their hesitation.

Both the stage and the prosecution may also hesitate to testify at home.

– People who can withdraw from suspicion are informed that they may withdraw from the testimony before resting. These people may withdraw from witnessing the time.

THE RIGHT TO CONTRIBUTE TO THE WITNESS WITH OCCUPATIONAL AND CONTINUOUS STUDENTS
The lawyers or their interns or their assistants know that they have these attributes or that they have been judged; it may be withdrawn from the testimony. Moreover, the consent of the concerned, though, must beware of the testimony.
Information about physicians, dentists, pharmacists, midwives and knowledgeable assistants and members of all medical professions learned about their patients and relatives there.
The information of consultants and notaries assigned in financial affairs where they have learned about where they serve.
For the groups mentioned in groups 2 and 3, the consent of the person concerned is optional.

RECOMMENDATION TO OWN OR NEARBY
The witness may withdraw from answering questions which, if he testifies, are capable of dealing with a criminal pail in the room in the first class clause of the 45 th room or the wrist. You may be hesitant to respond to the witness. The aim here is to tell the witness to lie by preserving the appearance or the relatives.

Nutrition in Diagnosis
First, they are listened to in the last listed list without any feed;

Those who are not 15 years old.
They don’t have the power to distinguish, they’re authentic and intelligent.
Those who are suspects, defendants or convicts of involvement in the offense of prosecution or prosecution or of the offender for the offenses or for destroying, concealing or altering evidence of crime.
– If the witness swore an oath to be a witness who should not be sworn legally, the statement of this witness was given in the application of the testimony of the forage witness.

– The investigation and prosecution shall be sworn to the witness to be heard during her phase. He wants the oath to be the witness of this witness,

RELIGION
Each witness is heard separately and with no subsequent witnesses. Witnesses can be confronted with each other and suspects until the prosecution phase but only if they have a delay in their delays or in the case of identification.

At CMK 212; If the witness says that he cannot remember an issue, he is helped to recall the relevant part of the minutes containing the previous statement. When there is a conflict between the expression of the witness in the hearing and the previous statement, it is tried to eliminate the contradiction by reading the previously taken expression, and its provisions are included.

RECOGNITION OF RECOGNITION
If the witness who is heard by the oath needs to be heard again during the same investigation or prosecution phase, it can be satisfied that the previous oath is reminded again.

RECOGNITION OF ISSUES AND IDENTITY TO BE asked
The witness is first asked for personal questions. If the identity of the witness is to be dangerous for him, then his identity may be kept confidential.

THINGS TO SAY AND QUESTIONS
The witness was informed by informing the defendant about the subject and the identity of the defendant if the defendant was not prepared; Uninterrupted listening. A question may be asked to the witness when necessary. These questions are called cross-examination in Criminal Procedure.

RECOMMENDATION FROM THE WITNESS AND YEMİN
Without the legal reasons, the person who is afraid of the legal person shall be charged the expenses arising from this, and in any case, until the end of the case, the term may be confined to three months. He shall be released immediately after fulfilling his obligation to the witness.

DEFINITION AND EXPENSES TO BE PROVIDED
The witness is given a compensation commensurate with the time he has lost in the process of witnessing. If the witness had to travel to be prepared, the costs of residence and nutrition would be covered by the travel expenses. However, these expenses are not paid to the witness prepared by the defendant.

SECRET DIAGNOSIS
If the identity of the witnesses to be heard as a witness would constitute a serious danger for themselves or their relatives; Necessary measures are taken to keep their identity. The Witness Protection Act seeks serious and serious danger for the application of this provision on the witness. The secret witness institution finds application in the crimes committed within an organization activity.

Secret testimony; Although it can be criticized for breaking the balance between the claims and defense authorities; both the ECtHR and the CCR are not found to be unlawful, but only in cases where the provision is shaped according to the secret witness statement.