Türkiye Adalet Akademisi Dergisi

Yazarlar: Semiyet BADEM

Konular:Hukuk

Anahtar Kelimeler:Witness,Witness statement,Evidence,Witness protection,Oath

Özet: Witness statement is a kind of statement evidence which is one of the means of proof and it is indisputable that it plays an effective role in revealing the material truth. It is essential that the witness statement be verbal and given before the judicial authorities. However, in some compulsory situations, the witness may be heard through rogatory or SEGBİS. Although a witness is not a party to the judgment, it is called a person who conveys the event with his experience and knowledge through his five senses. However, the witness can sometimes convey not only the events perceived with his five senses but also the information he / she has heard in others. In this case, it is obvious that the value of evidence differs between direct witness statement and indirect witness statement. The witness is not the subject of the criminal procedure, it is one of the most important means of proof. Testimony is a public duty. For this reason, the duty of witnessing is equipped with certain powers and obligations in our law. The witness has the right to refrain from witnessing and to seek compensation. At the same time, he is under the obligation to refrain from witnessing, to be present, to make statements and to take an oath in some cases. The testimony institution has been regulated both in the “Criminal Procedure Code” numbered 5271 and “Witness Protection Law” numbered 5726. The fact that the witness plays an active role in revealing the material truth may put the witness in a dangerous position in some cases. Necessary measures should be taken by the judicial authorities in order to prevent the witness from feeling safe against this dangerous situation and avoiding testimony. While the witness is exercising his rights or taking measures to protect the witness, action must be taken by protecting the principle of proportionality without violating the right of defense and the principle of a fair trial.

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