Migrant Smuggling Offense (Turkish Criminal Code Articles 79/1-a and 79/3) – 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

During a road check conducted by the gendarmerie, the vehicles driven and controlled by the accused *** and *** were stopped. When they were asked where they were going because the vehicles were empty, the accused *** stated during the ensuing conversation that they had set out to collect migrants from Kocayazı village in Kofçaz; the accused's defenses were also to this effect. The accused's account of the actions taken up to the road check did not fall within voluntary abandonment under Article 36 of the Turkish Criminal Code, which is a personal ground extinguishing punishment. Nevertheless, since it was understood that the accused terminated the conduct by making that disclosure, the accused's actions were preparatory in nature and could not be regarded as the commencement of acts of execution. As this conduct did not reach the attempt stage and did not constitute an offense, it was necessary to acquit the accused *** as set out below.

JUDGMENT

Although a public prosecution was brought on the allegation that the accused committed the offense of migrant smuggling regulated in the relevant articles, since it was understood that the act charged against the accused is not defined as an offense by law, THE ACCUSED SHALL BE ACQUITTED pursuant to Article 223/2-a of the Code of Criminal Procedure No. 5271.