Insult, Threat and Minor Intentional Injury – 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

REASONS:

Although a criminal action was brought seeking punishment of the defendant for threat, insult and intentional injury on the allegation that the defendant battered and injured the complainant and insulted and threatened the complainant with the words, ‘You animal, son of an animal, get out of the house, I will kill you,’ the defendant denied the charges in a written statement submitted to this Court. There was no witness to the incident, the complainant’s medical report stated that there was no medical finding of injury, and no definite and concrete evidence, beyond all doubt and sufficient for conviction, was obtained showing that the defendant committed the charged offenses. The defendant was therefore acquitted, and judgment was rendered as follows.

JUDGMENT

JUDGMENT: For the reasons set forth above:

1–Although a criminal action was brought seeking punishment of defendant *** for insult and intentional injury, since no definite and concrete evidence, beyond all doubt and sufficient for conviction, was obtained showing that the defendant committed the charged offenses, the defendant is SEPARATELY ACQUITTED of each offense pursuant to CMK Article 223/2-e.

2–The trial costs shall remain with the public.

3–Pursuant to Article 16 of Law no. 5320, once the decision becomes final, defendant *** shall be referred to the law-enforcement unit that took part in the investigation.

4–The attorney’s fee of TRY 5,100 calculated under the Minimum Attorney Fee Tariff in force on the date of decision shall be paid to defendant *** from the Treasury.

The decision was rendered in the absence of the parties. Within one week (seven days) from service of the reasoned decision, an objection may be filed before this Court by submitting a petition to the court that rendered the judgment, to the prison administration for transmission to the Court, or to the Criminal Court of First Instance at the place where the applicant is located, or by making a statement to the court clerk, having it entered in the record and approved by the judge. If no timely objection is filed, the decision shall become final and be transmitted for enforcement. If an objection is filed, a hearing shall be opened and the trial conducted under the general provisions, at the conclusion of which one of the decisions in CMK Article 223 shall be rendered. If the trial under the general provisions results in a possible conviction and the objection was filed by defendant ***, the reduction made under CMK Article 251(3) shall be preserved; if the objection was filed by defendant ***, the defendant shall be deemed to have waived that reduction. The decision was read aloud and duly explained. 28/12/2021