Categories: General

What is a Witness? Is Witness Compulsory?

The witness, in other words, witnessed; they are people who are known to have knowledge and experience about the incident in question but who are not parties to the claimant or defendant.

Is it obligatory to testify? Called as Witness, Do I have to go?

As a rule, testimony is compulsory. So you have to go when you’re called as a witness. You can give your statement as a witness by going to the public prosecutor, judge or court. When you give your statement, you have to tell the subject matter as you know it, and swear that you are right. In some exceptional cases which are stated in the law, you may not give testimony from the testimony.

What are the ways of getting off witness? In which cases can I withdraw from my testimony?

As we mentioned above, you have to testify as a rule and this obligation is based on the law. However, you cannot be asked to testify to the detriment of your relative or relative. Moreover, it is a matter of discussion whether or not this statement you give will be safe for the purpose of protection. For these reasons, in some cases, the law has given some people the opportunity to give up witnessing and to be wary.

Who can withdraw from witnessing? In What States Do I Have No Rights?

You may withdraw from the testimony in the following cases in accordance with the Article 247 and subsequent Law no. 6100. The defendant or plaintiff in civil cases, the defendant or the suspect in criminal cases;

Her fiance,
Even if there is no marriage union among them, even if they are divorced,
His mother, father, child, grandson, grandmother, grandmother and grandfather.
Among the adoptive,
Third-degree lawsuits in civil cases, and second-degree relatives in blood, including relatives and uncle, uncle, uncle, aunt, aunt and his wife’s same degree relatives.
Witnessed for an event I didn’t witness or didn’t know, what should I do?

In practice, the parties to the case generally refer to many people they know as a witness whether or not they have anything to do with the incident. There is nothing you can do at this point unfortunately. It is sufficient to tell you that you know nothing about the event or subject in the courtroom at the time and at the time of the notification and that you have sworn to say that you are telling the truth. Apart from your expenses, you can be paid a small amount by taking into consideration the fact that you are keeping your job.

What will be the path, nutrition, accommodation and similar expenses?

You can request from the other city or from a distance, taking into account the road, nutrition, accommodation and similar expenses you have made in court. If you want to take advantage of this convenience provided by the law, you must provide documents showing the expenses you have made.

Shall I Show Up As A Witness? What happens if I don’t?

If you do not go to the case you are referred to as a witness on the specified day and time, you will be forced to take the decision to force them. You will be forced by the police or the gendarmerie on the next hearing day, and will be liable to pay for the costs incurred due to your forced entry.

I can’t go because of my work, I don’t have time to make a witness, what can I do?

You may not be available on the specified day and time to testify for your work or health problems. In such cases, it is in your best interest to provide you with a written appeal to the court calling you. You are in court paper, so the court invites you to the court and the relevant file number is written. If you submit a petition containing these matters and your excuse to the court and if the court accepts your excuse, you are free from your obligation to be a witness. But we strongly suggest that every excuse is not accepted. We recommend that you make clear, detailed, and consistent statements when you present your excuse. Er I’m very busy, that day I have work, I’m tired ler style excuses are not accepted as you are entitled to.

What Do I Need to Say, What Should I Do When I Testify?

The easiest part about witnessing is what you know. There is no legal action you need to make, there are no legal words you need to use. If you tell your friend about the incident, you should tell the judge in the same way before the court, you should avoid lying. In addition, the most important point to consider; Remember to take your ID card with you.

What Happens If I Make A Truthful Witness? Is there a punishment for false witnesses?

The perjury is considered a crime under the Turkish Penal Code. If the judge suspects your statements and believes that you are lying, you are witnessing a perjury, he may notify the public prosecutor about legal proceedings. The investigation and trial can go until you are sentenced to imprisonment. In addition to this, you may be obliged to pay compensation to the other party as well as your criminal record.

Aşıkoğlu Law Office

Recent Posts

A CLAIM FOR COMPENSATION UNDER THE WORKPLACE INSURANCE POLICY, WHICH ALSO INCLUDES EARTHQUAKE COVERAGE

17. Law Office 2018/1547 E. , 2018/12611 K. “text of jurisprudence” COURT : Court of…

2 years ago

REQUEST FOR DETERMINATION OF EVIDENCE AND DECISION

ARTICLE 402 OF THE CCP (1) The request for the determination of evidence shall be…

2 years ago

DETERMINATION OF EVIDENCE WITHIN THE SCOPE OF HMK

ARTICLE 400 OF THE Civil Procedure Code (1) Each of the Parties may request that…

2 years ago

CHILDREN RECEIVE COMPENSATION FOR DEPRIVATION OF SUPPORT DUE TO PARENTS

SUPPORT OF PARENTS TO THEIR CHILDREN 1- GENERAL RULE According to the decisions of the…

2 years ago

COUNCIL OF STATE DECISION ON EARTHQUAKE INSURANCE

11. Apartment 2001/2549 E. , 2005/183 K . “text of jurisprudence” T.C. COUNCIL OF STATE…

2 years ago

COMPENSATION LAWSUIT FOR DAMAGE CAUSED BY THE EARTHQUAKE

17. Law Office 2016/11461 E. , 2019/7615 K. “text of jurisprudence” COURT : Court of…

2 years ago