Aggravated Fraud and Forgery of an Official Document – Judgment of Acquittal

The court decisions published in this section were obtained in cases in which Attorney Mert Sönmez personally acted as counsel and defense counsel.

REPUBLIC OF TÜRKİYE

*** COURT

CASE NO: ***

DECISION NO: ***

REASONING

Although a criminal action was brought seeking punishment of defendants *** and *** for aggravated fraud, the statutory elements of the charged offense were not established; each defendant was therefore acquitted pursuant to CMK Article 223/2-a of Law no. 5271.

Although a criminal action was also brought seeking punishment of defendants *** and *** for forgery of an official document, there was no definite and convincing evidence, beyond all doubt and sufficient for punishment, that the defendants committed the charged offense. As it was not established that the offense was committed by the defendants, each was acquitted pursuant to CMK Article 223/2-e of Law no. 5271, and judgment was rendered as follows.

JUDGMENT

JUDGMENT: For the reasons set forth above:

1–Although a criminal action was brought seeking punishment of defendants *** and *** for aggravated fraud, since the statutory elements of the charged offense were not established, EACH IS ACQUITTED pursuant to CMK Article 223/2-a of Law no. 5271.

2–Although a criminal action was brought seeking punishment of defendants *** and *** for forgery of an official document, since there was no definite and convincing evidence, beyond all doubt and sufficient for punishment, showing that the defendants committed the charged offense, and it was not established that the offense was committed by them, EACH IS ACQUITTED pursuant to CMK Article 223/2-e of Law no. 5271.

3–The trial costs shall remain with the Treasury.

4–As defendant *** was represented by an attorney holding a power of attorney, the attorney’s fee of TRY 29,800 pursuant to the Minimum Attorney Fee Tariff shall be paid to that defendant from the Treasury.

5–The cheque registered under entry *** at the Judicial Depository shall be retained in the file as evidence.

The unanimously rendered decision was read aloud and duly explained in the presence of defendants *** and ***, defendant ***, and defense counsel Attorney ***, and contrary to the prosecutor’s opinion. An appeal lies before the İzmir Regional Court of Appeal within seven days from pronouncement for those present or service for those absent, by submitting a petition to this Court, the High Criminal Court at the applicant’s location or, if there is no High Criminal Court, the Criminal Court of First Instance, or the prison administration; or by making a statement to the court clerk or prison clerk, provided that it is entered in the record and approved by the judge where required. 14/11/2023