Importation of Narcotic or Psychotropic Substances Offense (Turkish Criminal Code Articles 188/3 and 188/4-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

Although the accused *** was also prosecuted for importing narcotic substances, it was found that the accused *** had no connection with the accused *** who brought the narcotic substance into the country or with the person named *** in Brazil; that no contact aimed at purchasing narcotic substances was identified between the accused *** and the other accused; and that no act of the accused *** was established other than coming to the hotel together with the accused *** who had contacted the accused ***. Since no definite and convincing evidence beyond all doubt was obtained showing that the accused *** participated in the charged offense, judgment was entered as follows acquitting the accused ***.

JUDGMENT

1- Although a public prosecution was brought seeking punishment of the accused *** under Articles 188/3, 188/4-a, 53, 54, and 63 of the Turkish Criminal Code No. 5237 on the allegation that the accused committed the offense of importing narcotic substances, no definite and convincing evidence of sufficient weight—apart from the abstract allegation—was obtained showing that the accused committed the charged offense, requiring punishment for that offense, and exceeding the level of suspicion so as to produce full judicial conviction. Accordingly, THE ACCUSED SHALL BE ACQUITTED of the charged offense pursuant to Article 223/2-e of the Code of Criminal Procedure No. 5271.