Contrary Expert Opinion or Translation

The deliberate misrepresentation or inaccurate translation of information by legally authorized experts and translators is considered a crime and is regulated under Article 276 of the Turkish Penal Code.

If the examinations conducted by experts or translators, based solely on their own knowledge and assessments, are erroneous and there is no malicious intent, this does not constitute a crime.

Individuals who suffer damages as a result of a court basing its judgment on a factually inaccurate expert report prepared intentionally or through gross negligence may file a compensation claim against the State. The State shall have recourse against the responsible expert for the amount of compensation it will have to pay as a result.

The deadline for filing a complaint in cases of providing false expert testimony or translation is..

The crime of providing false expert testimony or translation is not among the crimes subject to complaint; therefore, it is investigated ex officio by the prosecutor's office, and there is no time limit for filing a complaint for these crimes. Withdrawal of a complaint does not result in the dismissal of the criminal case.

Punishment for the crime of providing false expert testimony or translation

of the Turkish Penal Code addresses the punishment for the crime of providing false expert opinions and translations as follows:

• If an expert appointed by judicial authorities or by a person or body legally authorized to conduct investigations or hear witnesses under oath in connection with a crime, provides a false examination, they shall be sentenced to imprisonment for a period of 3 to 7 years.
• If a translator appointed by judicial authorities or by a person or body legally authorized to conduct investigations or hear witnesses under oath translates statements or documents inaccurately, they shall be sentenced to imprisonment for a period of 3 to 7 years.

Statute of limitations for the crime of providing false expert testimony or translation

In cases of providing false expert testimony or translation, an investigation can be initiated at any time, provided that the statute of limitations is observed. The ordinary statute of limitations for trials related to providing false expert testimony or translation is 15 years.

To get expert answers to all the details and questions you may have, you can consult with Attorney Ferhat Kule