What is the Judge’s Acquittal?
One of the most important decisions in criminal proceedings is the acquittal decision. The fact that a defendant is found innocent and acquitted by the court is determined by the sufficiency of the evidence and legal evaluations. So, what is the judge’s acquittal decision based on? In which cases is acquittal possible? Here are the details…
What is Acquittal?
An acquittal is a court decision given in a criminal case because the defendant is found innocent or the crime is not proven. According to Article 223 of the Turkish Criminal Procedure Code (CMK), an acquittal decision is given when it cannot be proven with definitive and convincing evidence that the crime was committed by the defendant.
In Which Cases Does the Judge Give an Acquittal Decision?
Various legal and material conditions are required for the judge to give an acquittal decision. These can be generally examined under the following headings:
1. The Act Charged Does Not Fall Within the Scope of a Crime
In order for a person to be acquitted, the act attributed to him/her must not be defined as a crime in the law. If the act charged does not constitute a crime, the judge will decide to acquit.
Example: If a person is tried for insult, but the words he said are not legally considered as insult, the court will decide to acquit.
2. Proving that the Crime Was Not Committed by the Defendant
If there is definitive evidence that the defendant did not commit the crime he is accused of, the court may decide to acquit.
Example: In a theft case, if there are reliable camera recordings and witness statements indicating that the defendant was in another city at the time of the incident, the defendant will be acquitted because he is innocent.
3. Committing the Crime Due to Reasons for Legality
Even if an action constitutes a crime, an acquittal decision may be given if it is evaluated within the scope of reasons for legality. The reasons for legality are as follows:
Legitimate defense: A defensive action taken by a person to protect himself or another person.
State of necessity: Committing an act that constitutes a crime to save his own life or the life of another person.
Fulfilling a legal provision: Actions taken within the scope of legal authority.
Example: If a person causes minor injuries while resisting an attacker and this action is considered within the scope of self-defense, he/she will be acquitted.
4. Lack of Sufficient Evidence (The Benefit of the Doubt Principle)
The basic principle in criminal law is the principle of “The benefit of the doubt is given to the accused” (in dubio pro reo). If there is no sufficient and definitive evidence as to whether a person is guilty or not, the judge will decide to acquit.
Example: If witness testimonies are contradictory, camera footage is insufficient and the accusations are suspicious, an acquittal decision can be made in favor of the accused.
5. The Act Does Not Constitute Fault for the Perpetrator
Even if the accused committed the act, the fact that he/she is not at fault may result in an acquittal decision.
Example: If a person with a psychological disorder commits an act against his/her will and this situation is documented in reports, he/she may be acquitted.
What are the Consequences of an Acquittal Decision?
The defendant is legally considered innocent and no conviction is given.
It is not recorded in the criminal record.
If the defendant suffers damage during the trial process, he/she may be entitled to compensation.
When making an acquittal decision, judges take into consideration many criteria such as insufficient evidence, the elements of the crime not being present, the crime not being committed by the defendant or reasons for legality. In criminal law, it is not possible to declare the defendant guilty without definitive evidence. Suspicious situations are evaluated in favor of the defendant and if the crime cannot be proven definitively, an acquittal decision is given.