Witness in criminal proceeding
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Abstract (EN)
While the concept of witness is expressed in the legislation, the attitude of the practitioners also plays an important role in revealing the concrete truth. The statement of the witness is a type of testimony, which is one of the means of proof, and it is undeniable that it plays an active role in revealing material reality. It is essential that the witness statements be made on an oral basis and submitted to the judicial authorities. The Code of Criminal Procedure, numbered 5271, answers the questions of how the testimony will be regulated, what kind of rights will be granted to the person who will testify, what obligations will be brought, and by what methods the witness statement will be taken. This law imposes obligations on the witness such as being in front of the prosecutor during the investigation phase, being in front of the court during the prosecution phase, swearing that he will tell the truth about the event he will witness and tell what he knows correctly, and not leaving the hall without permission during the hearing, so that a fair and speedy trial can be made. In addition to these duties, the witness also has the right to refrain from testifying in some cases, to receive compensation for lost time, travel and accommodation expenses, and to demand the safety of life and property of himself and his loved ones. In this study, testimony examined in terms of criminal procedure legislation. Keywords: Witness, Testimony, Witness Statement, Witness Protection
Author
Esraa Raad Nayyef Aljbara
Institution
How to Cite
Esraa Raad Nayyef Aljbara (Master Thesis). Witness in criminal proceeding, 2023, Yalova University.
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