One of the reasons for the favorable renewal of the trial is that it is understood that a witness or expert witness who was heard under oath gave false testimony or voted against the convicted person with intent or negligence in a way to affect the verdict. (CPC 311/1-b)
In order for false witnesses or experts to be considered as a reason for renewal of the trial, it must be effective on the verdict. If the interpreters, who are accepted as experts in practice, intentionally or negligently translate the statements or documents falsely (Article 276/2 of the Turkish Criminal Code) in a way that affects the verdict, the interpreters should also be accepted (by analogy) within the scope of Article 311/1-b of the Criminal Procedure Code. If it is understood that the false testimony or the expert report or the untrue translation did not affect the verdict and the court did not base the verdict on them, it is not possible to renew the trial for this reason. Since the law includes the expression “witnesses or experts who were heard under oath”, the statements of witnesses who were heard without oath (Article 50, 51 of the Code of Criminal Procedure) cannot be a reason for renewal of the trial. If the statement of the witness heard without oath has been effective on the verdict, this situation should be considered as a new event within the scope of subparagraph 311/1-e.
False testimony or expert testimony must be established by the verdict. Because, giving false testimony or voting against the convicted person with intent or negligence is defined as a crime in Articles 272 and 276 of the TPC, and in order for this situation to be a reason for renewal of the trial, it must be determined by a final judgment or it must be understood that no judgment could be made on this issue for another reason other than insufficiency of evidence. If the person died before the verdict was rendered due to perjury or expert testimony and the verdict could not be rendered, or if the person was acquitted by taking advantage of the suspicion, this situation may be considered as a new event and a new trial may be initiated.