Failure to Report for Military Registration (Military Penal Code Article 63/1-a) – 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 OF THE EVIDENCE AND CONCLUSION:

Following the trial, although a public prosecution was brought seeking punishment of the accused under Article 63/1-a of the Military Penal Code for violation of the Military Penal Code (failure to report for military registration) in respect of the periods 10/03/2022–26/01/2023, 12/02/2022–09/03/2022, 10/03/2022–06/06/2022, 19/01/2021–26/09/2021, and 27/09/2021–11/02/2022, the medical report no. 1056 dated 11/08/2025, enclosed with letter no. *** dated 12/08/2025 of the Istanbul Governor's Office, Provincial Directorate of Health, Fatih Sultan Mehmet Training and Research Hospital, stated that the accused was "unfit for military service." Taking that report into consideration, the statutory elements of the offenses charged against the accused were not established. It was therefore decided to acquit the accused pursuant to Article 223/2-a of the Code of Criminal Procedure, and judgment was entered as follows.

JUDGMENT

1- Although a public prosecution was brought seeking punishment of the accused under Article 63/1-a of the Military Penal Code for violation of the Military Penal Code (failure to report for military registration) in respect of the periods 10/03/2022–26/01/2023, 12/02/2022–09/03/2022, 10/03/2022–06/06/2022, 19/01/2021–26/09/2021, and 27/09/2021–11/02/2022, the medical report no. 1056 dated 11/08/2025, enclosed with letter no. *** dated 12/08/2025 of the Istanbul Governor's Office, Provincial Directorate of Health, Fatih Sultan Mehmet Training and Research Hospital, stated that the accused was "unfit for military service." Taking that report into consideration, and because the statutory elements of the offenses charged against the accused were not established, THE ACCUSED SHALL BE ACQUITTED pursuant to Article 223/2-a of the Code of Criminal Procedure.