Özet:

In terms of Turkish Criminal Procedure Law no. 5271, suspect's or defendant's fiance, 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 any 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, consequences of violating the obligation of inform, problems that may arise regarding the refusal of being a witness by children, mentally ill and mentally impaired people; consequences of using this right and ultimately prohibition of evaluating 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 decisions and scientific studies into account.

Anahtar Kelimeler: