Threat (TCK Article 106/1) – 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

REASONING:

Although the offense was subject to the simplified trial procedure, the Court concluded that the parties’ statements had to be taken again in order to establish the material truth and clarify the incident, and that conducting the trial under the general provisions by opening a hearing would be more appropriate.

Upon joint assessment of the defendant’s defense and the statement of complainant *** contained in the file:

Although it was alleged that the defendant threatened the complainant during a telephone conversation, there was no witness *** who saw or heard the defendant threaten the complainant. Apart from the complainant’s uncorroborated statement, there was no evidence that the defendant threatened the complainant during the call. The phrase in the message record, ‘I do not want to disturb my sister-in-law over money,’ did not demonstrate that defendant *** pursued a threatening purpose. The defendant denied the allegation, and there was no definite and sufficient evidence, free from doubt, to justify punishment. The defendant was therefore acquitted of the charged offense, and judgment was rendered as follows.

JUDGMENT

JUDGMENT: (For the Reasons Set Forth Above)

Although a criminal action was brought seeking punishment of the defendant for threat, upon assessment of the file as a whole, there was no definite and sufficient evidence, free from doubt, to justify punishment, and it was not established that the defendant committed the charged offense. The defendant is therefore ACQUITTED pursuant to CMK Article 223/2-e.

The trial costs shall remain with the Treasury.

As defendant *** was represented by counsel, the fixed attorney’s fee of TRY 5,100 pursuant to the Minimum Attorney Fee Tariff in force shall be paid to the defendant from the Treasury.

The decision, rendered in the absence of the parties and consistent with the prosecutor’s opinion, is subject to appeal before the Kayseri Regional Court of Appeal within seven days from pronouncement for judgments rendered in a party’s presence or from service for judgments rendered in a party’s absence. Persons held in a penal institution or detention facility may apply by making a statement to the governor of that institution or by submitting a petition; other persons may apply by having their application entered in the record by the clerk of this Court or by submitting a written petition to this Court.