Can You Refuse to Testify When Summoned to Court?

According to Clause 4, Article 66 of the Criminal Procedure Code 2015, witnesses have the following rights and obligations:

1. Witnesses have the right to:

- Be informed of and have their rights and obligations explained according to this Article;

- Request the summoning authority to protect their life, health, honor, dignity, property, and other lawful rights and interests of themselves and their relatives when threatened;

- File a complaint regarding decisions or procedural actions of the authority or individual with the authority to conduct proceedings relating to their participation as a witness;

- Receive reimbursement for travel expenses and other costs from the summoning authority in accordance with legal provisions.

2. Witnesses have the obligation to:

- Appear in accordance with the summons of the authority with the jurisdiction to conduct proceedings. In cases of intentional absence without force majeure reasons or objective obstacles, if such absence impedes the resolution of information concerning the crime, prosecution, investigation, or trial, they may be forcibly brought in;

- Honestly present the facts they know related to the information on the crime, the case, and the reasons for knowing those facts.

==> Thus, according to the information you provided, you are afraid that others may come to your home for retaliation, so you do not want to testify in court. In this case, it may be considered an objective obstacle and thus cannot participate in the proceedings. You need to draft a request for absence. The content of the request for absence should state the reasons and an affidavit to be sent to the Court.

We hope our advice will help resolve your concerns.

Wishing you health and success!