Abstract:

The main aim of criminal proceeding is to determine the material truth and so evidence related to the event, which is subject to justification, will be investigated. Everything lawfully obtained in criminal proceedings can be considered evidence. This evidence includes the testimony of those who witnessed the event. Although there are new methods of finding evidence with the evolving technology, testimony has never lost its relevance. It is even seen as an obligation for the person who is aware of the event to witness. At this point the question arises whether persons such as judges, prosecutors and solicitors who are taking part in the trial can be witnesses when they have information about the procedural event. Does that mean that a public prosecutor or defense attorney who testifies about the procedural facts will continue his service in the procedural case? More importantly, can suspects or accused witness against one another? The purpose of this review is to answer these questions in comparison to Turkish and German law.

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