مرکز منطقه ای اطلاع رساني علوم و فناوري - The question of whether a party of criminal trial can use their right of refusal to testify in case that the person also one of those specified under the 45th article of Turkish Criminal Procedure Code

Abstract :

Our study has been prepared based on that in the case that intervening party in criminal procedure is also person within the scope of article 45 of criminal procedure code, intervening party whether using right of refraining from testimony. In this context, firstly notions of victim, intervening party, witness have been mentioned; later, provisions of witness have been explained as obligations and rights of witness in detail. Refraining from testimony arising cosinage is one of the reasons of refraining from testimony within the scope of rights of witness. In this context, in case that intervening party within the scope of article 45, the problem of intervening party whether the used right of refraining from testimony has appeared. In our article, discussed how to evaluate matters of the one hand intervening party who claiming punishment of defendant thereby attitude to defendant and in this context acquisition of intervening party capacity, on the other hand the right of refraining from testimony that enable specific persons to not make statements against defendant as same capacity. Also,the subject has been examined composed of the procuding an offense and aspersion, especially have made an assessment about offender of perjury. In addition to this, in the face of the right of posing direct questions within the scope of article 201 of criminal procedure code is stranger to our law tradition and culture and in practice, not to applied this establishment by judges, mentioned that the potentional problem of right of defence in the context of fair trial.