What Are Acquittal Decisions and What Do They Mean
In criminal law, an acquittal decision is a court ruling that finds the defendant innocent as a result of the trial regarding the accusation against him. Simply put, an acquittal decision means that the defendant is acquitted.
In this article, we will examine in detail what acquittal decisions are, what they cover and in what cases they are given.
Basics of Acquittal Decisions
Acquittal decisions are regulated in Article 220 of the Code of Criminal Procedure (CMK). According to this article, the following conditions must be met in order for an acquittal decision to be given:
Non-existence of elements of the crime: An acquittal decision can be given if any of the elements of illegality, fault and consequence necessary for the crime to occur are missing.
Insufficiency of evidence: An acquittal decision can also be given if the evidence is not conclusive and convincing against the defendant or if it does not establish a sufficient connection between the defendant and the crime.
Unlawfulness: In cases where there is unlawfulness in criminal prosecution or litigation, an acquittal decision may be given.
Scope of Acquittal Decision
An acquittal decision may be given regarding all the charges against the accused. However, a partial acquittal decision may also be given. In this case, the accused may be acquitted of some charges while being convicted of other charges.
Consequences of Acquittal Decision
An acquittal decision means the official registration of the accused’s innocence. This decision has some important consequences:
Restoration of the accused’s reputation: An acquittal decision contributes to the restoration of the accused’s reputation by registering his innocence.
Right to compensation: In some cases, the acquitted accused may request compensation for the material and moral damages he has suffered.
Erasing the criminal record: After the acquittal decision becomes final, the accused’s criminal record is erased.
Objection Against Acquittal Decision
Both the prosecutor and the defendant may object to an acquittal decision. If the prosecutor does not agree with the acquittal of the defendant, he/she may try to overturn the decision through an objection. The defendant may object if the acquittal decision is partial or if the grounds for acquittal are insufficient.
Important Points Regarding Acquittal Decision
An acquittal decision does not mean that it has been definitively proven that the defendant did not commit a crime. This decision may also be made for reasons such as insufficient evidence or unlawfulness.
An acquittal decision does not mean that the defendant will not commit a crime in the future.
An acquittal decision is not effective until it becomes final. If the decision is objected to, the acquittal decision may be overturned.