What is Witness, What Does It Mean?
Witness, in other words, witness; They are people who are known to have knowledge and experience about the incident that is the subject of the lawsuit, but are not parties as plaintiff or defendant.
Is it mandatory to testify? I’ve Been Called As a Witness, Do I Have to Go?
As a rule, it is mandatory to testify. So when you are called as a witness you have to go. As a witness, you can give your statement to the public prosecutor, the judge or by coming to the court. When giving your statement, you must tell the incident in question to the best of your knowledge and swear that you are telling the truth. In some exceptional cases specified in the law, you may not testify because you are hesitant to testify.
What are the Conditions of Refraining from Testifying? In Which Situations Can I Refrain from Testifying?
As we mentioned above, as a rule, you have to testify and this obligation is based on the law. However, you cannot be asked to testify to the detriment of your relative or close relative. Moreover, whether this statement you will give is reliable considering that it will be for protection purposes is another matter of debate. For these reasons, the law allows some people to refrain from testifying in some cases.
Who Can Hesitate to Testify? In what cases do I have the right not to testify?
In accordance with Article 247 and following articles of the Code of Civil Procedure No. 6100, you may refrain from testifying in the following cases. In civil cases, the defendant or plaintiff, in criminal cases, the defendant or suspect;
fiancee,
Even if there is no marital union between them, that is, even if they are divorced, his/her spouse,
His mother, his father, his child, his grandson, his grandmother, his grandfather, his descendants and descendants,
Those with whom there is a filial bond,
Blood and in-law relatives, including the third degree in civil cases and the second degree in criminal cases, that is, the same degree relatives of his/her uncle, maternal uncle, aunt, and spouse.
I have been cited as a witness for an event that I did not witness or knew about, what should I do?
In practice, parties to the case usually present many people they know as witnesses, whether they have anything to do with the incident or not. Unfortunately, there is nothing you can do at this point. It will be sufficient for you to be present in the courtroom on the date and time specified in the notification you receive and state that you do not know anything about the incident or issue and that you swear to tell the truth. In addition to your expenses, you may be paid a small fee, considering that you are distracted from your work.
What Will Happen to My Travel, Feeding, Accommodation and Similar Expenses for Testimony?
Considering that you are coming from another city or from a long distance, you can claim the travel, nutrition, accommodation and similar expenses you have incurred by stating them in court. If you want to benefit from this facility provided by the law, you must submit documents showing the expenses you have incurred.
I was shown as a witness. Do I have to go? What Happens If I Don’t Go?
If you do not attend the case in which you are presented as a witness on the specified day and time, a warrant will be issued against you. On the next hearing day, you will be brought by police or gendarmerie by force, and you will be obliged to pay any expenses that may arise due to your being brought by force.
I Can’t Go Because of My Work, I Don’t Have Time to Testify, What Can I Do?
You may not be available to testify on the specified day and time due to your workload or health problems. In these and similar cases, it would be in your best interest to present your excuse in writing to the court that summons you. The court that summoned you and the relevant file number are written on the court paper, that is, the notification, that you receive. If you submit a petition containing these issues and your excuse to the court and the court accepts your excuse, you are relieved of your obligation to appear as a witness. However, we would like to strongly point out that not every excuse offered is accepted. We recommend that you use descriptive, detailed and consistent statements when presenting your excuse. Excuses such as “I’m too busy, I have work that day, I’m tired” are not accepted, as you will agree.
What Should I Tell While Testifying, What Should I Say, What Should I Do?
The easiest part about testimony is to tell what you know. There is no legal action you need to take, no legal words you need to use. You should explain the incident to the judge in the same way you would to your friend, and avoid lying. Besides these, the most important thing you should pay attention to is; Don’t forget to take your ID card with you.
What Happens If I Give Perjury? Is There a Penalty for Perjury?
Perjury is considered a crime under the Turkish Penal Code. If a judge suspects your statements and believes you have lied or given false testimony, they may notify the Public Prosecutor’s Office to initiate legal action against you. The investigation and trial could lead to imprisonment. In addition to having this matter recorded on your criminal record, you may also be liable to pay compensation to the other party.