The acquittal decision is CMK 223/2. it is regulated in the article. The cases to be acquitted within the scope of this article are counted one by one. Acquittal is a decision on the merits that are most in favor of the accused among the types of sentences regulated in the CMK, which means that the defendant is not sentenced to punishment. In order for the court to make a decision of acquittal against the perpetrator, one of the following reasons must have occurred;
The fact that the charged act is not defined as a crime in the law,
It is fixed that the charged crime was not committed by the accused,
The absence of caste or division of the perpetrator in terms of the charged crime,
Despite the fact that the charged crime was committed by the accused, there is a reason for compliance with the law in the incident,
It should not be fixed that the charged crime was committed by the accused.
When making a decision of acquittal, the criminal court must clearly show which of these reasons it is based on in its decision. Due to the possibility of causing conceptual confusion, the Supreme Court accepts the use of the word exoneration, which is not specified in the law, instead of the word acquittal as the reason for the violation.
According to CMK 223/9; in cases where an acquittal decision can be made immediately, it cannot be decided that there is no place to stop, fall or impose a sentence. Again, the same law 193/2. According to the Article; According to the evidence collected about the accused, if it is concluded that a decision other than a conviction should be made, the case may be completed in the absence of the accused, even if the interrogation has not been conducted.
You can reach our other articles, sample decisions and petitions by clicking here