When you are required to give testimony in a case, you will receive an official summons from the court. Complying with that summons is a legal obligation. So what happens if you fail to fulfil it?
Giving Testimony Is an Obligation, Not a Choice
Under Turkish law, appearing as a witness is not optional. In criminal proceedings, Article 43 of the Code of Criminal Procedure (CMK), and in civil proceedings, Article 240 of the Civil Procedure Code (HMK), require any person who has been duly summoned to attend the hearing. This obligation applies to ordinary citizens who are neither the claimant nor the defendant.
What Happens If You Don't Appear?
Where a witness who has been properly notified fails to attend a hearing without a valid excuse, the court may impose the following sanctions:
- Forcible appearance order: The court may order that you be brought to the hearing by law enforcement.
- Disciplinary fine: A witness who fails to appear without excuse may be subject to a disciplinary fine.
- Cost order: If the hearing is adjourned due to the witness's absence, the resulting costs may be charged to the witness.
What Should You Do If You Have a Legitimate Excuse?
If you have a valid reason such as illness, an accident or a bereavement, you must document it and notify the court. If your excuse is accepted, the hearing will be adjourned and no sanction will be imposed against you. Remaining silent is not treated as an excuse.
The Right to Refuse to Testify
In certain circumstances, you may lawfully decline to give testimony. These include being a close relative of the accused, the testimony falling within the scope of professional confidentiality, or being at risk of incriminating yourself. In such cases, you must attend the hearing and declare your right to refuse before the court — not simply ignore the summons.
Conclusion
Disregarding a court summons to appear as a witness can have serious legal consequences. If you are considering not attending or are unsure how to proceed, seeking legal advice before the hearing is strongly recommended. Feel free to contact us for legal consultancy in Istanbul and Üsküdar.
Comments