What is Secret Witness?
\nThe defendant must be informed by the accused who has witnessed the criminal proceedings; witness, inquiry and
\ncan be heard as a \u201csecret witness\u201d during the expulsion stages.
\nThe secret witness, the public prosecutor’s office, the prosecution process.
\nrested by the court. The custodian (police, gendarmerie, etc.) secret witness listening authority
\nThey do not. The legal interpretation of a witness as a secret witness
\nit is a decision. What is secret testimony?
\nThe prosecution can also be taken by the trial court for prosecution.
\nHow to Have a Secret Witness? How to get an expression?
\nSecret witness, resort to serious and serious danger
\nIt is relax. The secret witness, the witness is resting directly and in accordance with the principle of the hundred
\npersons (complainants, defendants, lawyers, etc.)
\nIt is relax. In practice, to hear about the secret witness
\nIt said.
\nThe prosecution should be questioned; the confidentiality of the investigation as a secret witness to the principle of rest, while listening to the reporter and the clerk to write the record is not authorized to be present. The fact that the police and the gendarmerie system were not used in the investigation showed that the witness had been heard. The law of abstinence is contrary to the contrary.
\nThe prosecution; According to the rules, the witnesses have the right to be present at the hearing. The court may base its judgment on the evidence of the witness statement where he \/ she is listening and where the parties are discussed. Even if there is a secret witness, the parties have the right to ask questions. Witness the confidentiality and credibility of the confidential witness’s declaration, ask questions to the parties in accordance with the principle of equality, adversarial proceedings and equality of arms.
\nTwo systems should be used to hear the secret witness:
\nMethod In the first method; secret witness, trial proceed
\nPrepare available. The identity of the secret witness is reserved, the picture is hidden and the tone
\nis transferred to the courtroom. The parties and their lawyers, the secret witness of the court
\nAfter resting, they can provide the right to ask questions. the System
\ndisadvantages; unknown, resting
\nwhether the channel is routed or not.
\nMethod Second method; complainant
\nthe defendant is not present, only the party lawyers
\nthe hearing is closed in the closed hearing. In this method, party lawyers, witnesses personally
\nget the possibility of questioning and asking for direction.
\nThis method, with little practice recently.<\/p>\n
Secret Testimonial Legislation
\nIn order to apply for witness protection measures in accordance with the Witness Protection Law No. 5726
\ninvestigation or prosecution of one of the offenses specified in the law
\nbe one of the witnesses or relatives of the person to be applied, the person’s life, body integrity and
\nthe presence of a serious and serious danger for the assets of the
\ndecision must be found.
\nTurkey’s 5271 Law and the 5726 Law on Witness Protection No. institutions based on the secret testimony as an evidence tool if you happen to be referred to the following cases:
\n1 Criminal Conditions: Article 58\/2 of CMK no. 5271 regulates the concept of secret testimony. CMK Md. According to 58\/5, however, organized crime can hide the identity of the witness. In practice, witnesses who are required to be protected in accordance with the Witness Protection Act because of the following offenses are confidential witnesses (Article 30 of the Witness Protection Act):
\n\uf0b7 In the Turkish Penal Code no. 5237 and in special laws including penal provisions
\naggravated life imprisonment, life imprisonment and lower limit ten years or more
\nwitnesses for offenses requiring imprisonment under the witness protection measure
\nreceivable.
\n\u2022 Established to commit a crime within the framework of the TCK 220
\norganizations: the activity of an organization established to commit acts deemed criminal by the law
\noffenses with a lower limit of two years or more
\nwitnesses may be covered by the witness protection measure.
\n\u2022 Criteria in Political Organizations (TCK 314): Crimes related to political organizations (organization membership,
\nevery witness, without any limitation on the amount of crime and punishment, if there are conditions
\nas a secret witness.
\n2 Conditions for the witness (CMK 58 \/ 3-4): Identity of persons to be heard as witnesses can be reserved if they create a serious danger for themselves or their relatives. The Witness Protection Act stipulates a severe and serious hazard criterion for the witness to be included in the protection measure.
\nConfidential Testimony in ECtHR and Constitutional Court Decisions
\nThe ECtHR and the Constitutional Court shall provide the
\nas evidence. Evidence of the statement obtained as a result of hearing the secret witness
\nThe common criteria that both courts seek to consider are:
\n\uf0b7 There should be a reasonable reason to hide the witness’s identity. Witness as a secret witness
\nthe accused requires the accused, the persons with whom the accused acted, or
\nIt should be welded.
\n\u2022 The secret witness statement should not be the \u00fcn only evidence \u201don which the provision is based. The Court
\nit should not be based solely on confidential witness statements.
\n\uf0b7 The secret witness statement, even if it is not shown as the g\u00f6steril only evidence, in the judgment,
\nthe belirleyici essential and decisive evidence san on which the verdict was based was
\nto judge the accuracy and reliability of the witness statement
\nassurance mechanisms should be provided. The defendant and his lawyer,
\nthe right to a fair trial has been infringed
\ncounted.<\/p>\n","protected":false},"excerpt":{"rendered":"
What is Secret Witness? The defendant must be informed by the accused who has witnessed the criminal proceedings; witness, inquiry and can be heard as a \u201csecret witness\u201d during the expulsion stages. The secret witness, the public prosecutor’s office, the prosecution process. rested by the…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"yoast_head":"\n