Witness testimony is one of the oldest and still most common types of evidence. It is regulated in CMK articles 43-58.
Those Who Can Be Witnesses
- Any real person who knows the incident (no age limit)
- The defendant cannot be a witness
- Judges, prosecutors and defense lawyers cannot be witnesses in the case in which they are responsible
Right to Refrain from Testifying (CMK). Article 45)
- Spouse, descendants, siblings of the defendant
- Lawyer, physician, priest, journalist (professional secret)
- State secret (Article 47)
Oath
- The witness swears not to lie
- False testimony: TCK Article 272 — 1-3 years imprisonment, 3-7 years if committed intentionally
Cross-Examination (CMK article 59)
First the party calling the witness, then the other party, then the judge asks questions. This is the basis of modern trial.
The Supreme Court CGK
The CGK states that the factors "consistency, observation conditions, conflict of interest" should be evaluated together in the evaluation of the witness statement, and that mere testimony will not be sufficient.
Anonymous Witness (Secret Witness)
If there is a threat to his life, his identity can be hidden (CMK article 58). However, it alone cannot be sufficient for conviction; It must be supported by other evidence.
Lawyer support is recommended.