Acquittal

Decision of acquittal Criminal Procedure Code 223/2. regulated in the article. The cases in which a verdict of acquittal will be given within the scope of this article are listed one by one. Acquittal is a decision on the basis that is in the most favor of the accused among the types of provisions regulated in the Code of Criminal Procedure, and it means that the accused is not sentenced. In order for the court to acquit the perpetrator, one of the following reasons must be fulfilled;

The charged act is not defined as a crime in the law,
It is proven that the charged crime was not committed by the accused,
The perpetrator’s lack of intent or negligence in terms of the offense charged,
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 proven that the charged crime was committed by the accused.
The criminal court should clearly show in its decision which of these reasons it is based on when making a decision of acquittal. The Court of Cassation accepts the use of the word acquittal, which is not specified in the law, instead of the word acquittal, as a reason for annulment, due to the possibility of causing conceptual confusion.

According to the Criminal Procedure Code 223/9; In cases where immediate acquittal can be made, it cannot be decided that there is no room for stopping, falling or imposing a sentence. 193/2 of the same law. According to the article; According to the evidence gathered about the accused, if it is considered that a decision other than conviction should be made, the case may be concluded in the absence of the accused, even if he has not been questioned.

You can reach our other articles, sample decisions and petitions by clicking here.