08 Jul THE VERDICT OF ACQUITTAL IN CRIMINAL PROCEEDINGS
The acquittal decision is CMK 223/2. it is regulated in the article. The cases to be decided for acquittal within the scope of this article have been counted one by one. An acquittal is a decision on the merits that is in the best favor of the defendant among the types of judgments issued in the CMK, which means that the defendant will not be sentenced to a sentence. In order to be acquitted by the court of the perpetrator, one of the following reasons must have occurred;
The fact that the loaded verb is not defined as a crime in the law,
It is fixed that the crime committed was not committed by the accused,
Absence of caste or division of the perpetrator in terms of the crime committed,
Despite the fact that the charged crime was committed by the defendant, there was a reason for compliance with the law in the incident,
It should not be fixed that the crime committed by the accused was committed.
The criminal court must clearly show in its decision which of these reasons it is based on when making an acquittal decision. The Supreme Court considers the use of the word exoneration not specified in the law instead of the word acquittal as a reason for overturning it because of the possibility of causing confusion in the concept.
According to CMK 223/9; In cases where an acquittal decision can be made immediately, it cannot be decided that there is no place for a stop, a fall or a sentence to be given. 193/2 of the same law again. According to the article; According to the evidence collected about the defendant, if it is concluded that a decision other than a conviction should be made, the case can be completed in the absence of the defendant, even if the interrogation has not been conducted.
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