AN EVALUATION ABOUT CONTENTS, TERMS AND CONSEQUENCES OF RIGHT TO REFUSAL TO TESTIFY IN CRIMINAL PROCEDURE LAW

In terms of Turkish Criminal Procedure Law no. 5271, suspect’s or defendant’s fiancé, husband, wife, former spouse, and the mentioned other persons have the right to refuse to be a witness without having to show any reason. A witness can use this right only in person. But a person, who may not recognize the meaning and importance of being a witness, cannot be a witness without the permission of his or her legal representative. Our study determines the content of persons who have the right to refuse to be a witness. Also in this study; using the right to refuse to be a witness, inform the witness about this right, conse-quences of violating the obligation of inform, problems that may arise regard-ing the refusal of being a witness by children, mentally ill and mentally im-paired people; consequences of using this right and lastly prohibition of evalu-ating former statement were evaluated. Regulations about the right to refuse to be a witness are significantly similar to source German Criminal Procedure Law; because of that, the subject was examined by taking German court deci-sions and scientific studies into account.