What is acquittal?

What is acquittal? | Dilek Yavuz Uysal

What is acquittal?

Beraat, suçlu olduğu iddiası ile hakkında ceza davası açılan sanığın, yargılama neticesinde suçsuz bulunması demektir. Yargılama yapılan sanık hakkında cezaya hükmolunmaması neticesini doğuran bir hüküm çeşididir. Halk arasında ”aklanma” olarak da bilinir. Yargılama sonucu beraat eden kişinin isnat edilen suçu işlemediği , suçla ilişiği olmadığı ispatlanmış olur. Mahkeme, beraat kararını verirken hangi sebeple beraate hükmettiğini açıklamak ve bunu gerekçelendirmek zorundadır. Bu gerekçelendirmenin önemi, verilen beraat kararının karşı tarafça istinaf edilmesi noktasında önem taşır.

Acquittal verdict CMK 223’te düzenlenmiş olup aşağıdaki hallerde verilir.

1. The act in question must not be defined as a crime by law (for example, drinking alcohol is not a crime).
2. It must be proven that the defendant did not commit the alleged crime (for example, trying the wrong person to determine who committed the crime of resisting arrest).
3. The absence of intent or negligence on the part of the perpetrator regarding the alleged crime (For example, a person who voted while serving in the military and is prosecuted for violating Law No. 298, and who states that he found his voter registration card at home upon his return from military service and voted because he thought he would be fined if he did not vote, does not have criminal intent).
4. Even though the alleged crime was committed by the defendant, there must be a legal justification for the act (such as fulfilling a legal obligation, self-defense, exercise of a right, or consent from the person concerned).
5. This ruling applies when it is not proven that the accused committed the alleged crime. (In cases where there is no evidence against a person being tried on suspicion of a crime.)

CMK Justification for Article 223

The article states that the decisions that terminate the trial and the court's resignation are: acquittal, conviction, dismissal of the case, termination or dropping of the case, suspension of proceedings, lack of jurisdiction, lack of competence, postponement of judgment, no punishment due to incapacity, precautionary measures, and postponement of proceedings or punishment due to marriage. It is explained that decisions that resolve the essence of the dispute—acquittal, conviction, dismissal of the case, termination or dropping of the case, lack of jurisdiction in a judicial body outside the ordinary courts, no punishment due to incapacity, precautionary measures, and postponement of proceedings or punishment due to marriage—are considered judgments. This distinction also facilitates the determination of the legal remedy applicable to judgments and decisions. An appeal is possible against judgments, and an objection is possible against decisions of suspension of proceedings, lack of jurisdiction, lack of competence, and postponement of judgment within the ordinary courts.

Thus, uncertainties that occasionally arose in practice regarding the legal remedy applicable to a decision to suspend proceedings have been eliminated, and in accordance with the decision of the General Assembly for Unification of Jurisprudence of the Court of Cassation dated 17/12/1930 and numbered 23/31, it has been adopted that this matter is among the decisions subject to appeal. Decisions that terminate a case are, as a rule, given at the end of the hearing. However, decisions of dismissal, termination or termination of the case, suspension of proceedings, lack of jurisdiction, lack of competence, and immediate acquittal as defined in the seventh paragraph of the article can be given before the hearing, during the preparatory phase of the hearing.

The fourth paragraph of the article specifies the circumstances under which a case may be dismissed, and the fifth paragraph outlines the conditions for suspending the proceedings. The article also stipulates that if the grounds for dismissal or termination of the case exist, or if it is determined that the conditions for a trial will not be met, a decision for dismissal or termination should be made directly.

In cases that do not require any investigation, such as when the act does not constitute a crime or has been decriminalized by a new legal regulation, an acquittal should be granted immediately.

Can an acquittal be appealed?

Code of Criminal Procedure’As stated in the first paragraph of Article 272 of the Turkish Penal Code, appeals are permitted against judgments rendered by the court, and appeals can be filed against acquittals. However, the third paragraph of the same article states that acquittals for offenses punishable by a fine not exceeding 500 days are final and cannot be appealed. Appeals must be filed within 7 days of the local court's judgment. Appeals are also possible against judgments other than acquittal (such as the postponement of the pronouncement of the judgment). With this appeal, the defendant can request a review of the judgment and a decision of acquittal.

Beraat Kararının Tahliyeden Farkı Nedir?

 Tahliye edilmek : Hakkında tutuklama kararı verilmiş olan bir kimsenin serbest bırakılmasıdır. Tutuklama , verilen güvenlik tedbirlerinin sonuncusu olup belli şartlara bağlıdır. Soruşturma evresinde cumhuriyet savcısı tutuklama sebeplerinin ortadan kalktığı ve tutuklamaya ihiyaç kalmadığı kanısına ulaşırsa şüpheliyi re’sen serbest bırakabilir. Bunun yanında Cumhuriyet savcısı veya müdafi sulh ceza hakiminden şüphelinin tutukluluğuna son verilip adli kontrol altına alınarak ya da adli kontrol altına alınmadan serbest bırakılmasını isteyebilir. Bu durumda sulh ceza hâkimi tutuklama şartlarının devam etmekte olup olmadığını kontrol ederek tahliyeye karar verir veya reddeder. (Ceza Muhakemesi Kanunu (CMK)103/1)

What is an immediate acquittal?

For an immediate acquittal, there should be no need for further evidence evaluation. If it is clear that the act is not a crime, it should be accepted that the conditions for an immediate acquittal have been met. For example, if a person accused of theft is found in a hospital undergoing surgery and lying in bed, it is obvious that this person could not have committed the crime. In this case, an immediate acquittal is granted without the need for further investigation.

An immediate acquittal can be granted not only at the beginning of the trial, but at any stage of the proceedings. The word "immediate" means that, given the current stage of the trial, there is no need for further investigation or evidence gathering. Therefore, an immediate acquittal can be granted at the start of the trial, or at any stage of the proceedings.

Does an acquittal result in a criminal record?

An acquittal, whether immediate or not, does not result in any entry into a criminal record. As mentioned earlier, acquittal means being cleared of all charges. No action is taken on the criminal record of someone who has been cleared of all charges.

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