Aggravated Fraud Offense (Turkish Criminal Code Article 158/1-L) – 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

Assessment regarding the aggravated fraud offense charged against the accused ***:

In accordance with the reversal decision, a criminal complaint was filed against the accused ***, and the public prosecution brought against that accused was joined with the present case. In the defense, the accused stated that no bank card had been received from the other accused ***, that *** had withdrawn the incoming money and had not given it to the accused, and that the accused had been falsely accused. It was therefore understood that, in the present case, there was no concrete or definitive evidence beyond all doubt sufficient to punish the accused. Judgment was accordingly entered as follows acquitting the accused ***.

JUDGMENT

A)1- Although a public prosecution was brought against the accused *** for aggravated fraud, since it was not established that the accused committed the charged offense, THE ACCUSED SHALL BE ACQUITTED pursuant to Article 223/2-e of the Code of Criminal Procedure.