KARAKEHYA, Hakan Anadolu Üniversitesi - Hukuk Fakültesi - Ceza ve Ceza Muhakemesi Hukuku Anabilim Dalı, Turkey

Right of the Accused to Examine the Accuracy of the Statements of Prosecution Witnesses

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According to the ECHR 6/3/d; “to examine or have examined witnesses against him” is recognized under the fair trial right of accused. Therefore it is a necessity for a fair trial that the accused have occasion to ask questions to the witnesses in the trial. To be able to face with prosecution witnesses and examine accuracy of their expressions is vital importance for defense. So the accused can identify the weak points of witness’s statements, examine their reliability in front of the court, produce the results in his favor with asked questions and have occasion to prevent that the judges perceive the judicial problem only in accordance with the claims of prosecution. The purpose of this right given to defense is recognized by the ECHR, as undermine the credibility of the witness and control his reliability.

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Right to examine accuracy of the statements of the witness , Right to fair trial , European convention of human rights , Evidences , Criminal procedure law.

Hukuk Araştırmaları Dergisi

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