Insult Offense (Turkish Criminal Code Article 125/3-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

As to the insult offense charged against the accused *** and ***: Although a public prosecution was brought seeking punishment of the accused, the complainant *** stated that no act of insult had been directed at the complainant; the complainant *** likewise stated that no insulting expression directed at the complainant had been heard; and the statements of the complainants *** and *** contained no account concerning such an act. Accordingly, there was no evidence free from all doubt that the accused had committed the charged insult offense. Since it was not established that the offense had been committed by the accused, it was decided that each accused be separately acquitted of the charged offense pursuant to Article 223/2-e of the Code of Criminal Procedure No. 5271.

JUDGMENT

C-) Although a public prosecution was brought before our court seeking punishment of the accused *** and *** under Article 125/3-a of the Turkish Criminal Code No. 5237 for the charged insult offense, since it was not established that the offense had been committed by the accused, EACH ACCUSED SHALL BE SEPARATELY ACQUITTED of the charged offense pursuant to Article 223/2-e of the Code of Criminal Procedure No. 5271.