Acquittal


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Acquittal

 

(judgment of acquittal), a court’s finding that a prisoner is not guilty of a charge against him. A judgment of acquittal is rendered in instances when the event of a crime has not been established, when the act of the prisoner does not contain the elements of a crime, or when participation of the prisoner in the commission of the crime has not been proved. The acquitted person is considered exonerated regardless of the grounds for the acquittal. The judgment of acquittal cancels the measures of securing confiscation of property and measures of restraint. The acquitted person is released from guard in the courtroom immediately after the judgment is announced. The judgment of acquittal may be vacated by way of cassation only on protest of a procurator or on appeal of a victim or a person acquitted (the latter has the right to appeal the judgment with respect to the reasons and grounds of acquittal). Judgments of acquittal rendered by the supreme courts of the Union republics and the Supreme Court of the USSR are not subject to cassational appeal and protest. Review of a judgment of acquittal by way of supervision is permitted only within the first year after it has entered into force.

References in periodicals archive ?
However, short of outright acquittal, jurors could choose on their own initiative to convict with extenuating circumstances (circonstances attenuantes), a limiting factor applicable to all crimes in the Code Penal (Article 463), thanks to a law promulgated on 28 June 1832.
In some other systems, however, a drop in the acquittal rate could point to very real problems with the quality of criminal justice.
Iqbal Khan appealed to the Chief Justice of Pakistan to take suo motu notice again in Mashal murder case, and ensure fulfilment of all legal requirements in the case and provide him justice by suspending the acquittal order in the case.
The SHC bench heard arguments from the two sides at length and finally set aside Mr Shaikh's acquittal, directing the trial court to decide the case within three months.
Only Oneissi's team has so far made a formal application for acquittal, although at the close of the prosecution's case, co-counsel for defendantSalim Ayyash said the prosecution had failed to provide sufficient evidence to convict him.
Advocate Shahid Nasim Gondal while giving arguments said petition pertaining to acquittal be decided first before indicting his client.
Ayaz Khan, senior lawyer and another member of the legal team, said: "We are going to challenge the whole verdict, including the acquittal of 26 accused, the lesser sentences of 30 others", and the acquittal of the main accused, Imran Ali under sections 120-B, 148, 149, 324, 427, and 297 of the Pakistan Penal Code, and 11-WW and 21-I of the Anti-Terrorism Act.
It may be added that Additional Session Judge Perviz Qadir Memon passed the acquittal orders of Shoaib Shiekh CEO Axact and other in fake degree case which was challenged by the federation in IHC.
New Delhi [India], Jan 19 ( ANI ): The Supreme Court on Friday dismissed the appeal filed against the acquittal of Peepli Live director Mahmood Farooqui in connection with an alleged rape case.
De Lima said the 'judicial miracles' started when former Senator Juan Ponce Enrile was granted bail by the Supreme Court (SC) in his pork barrel cases, followed by the acquittal of former President Gloria Macapagal-Arroyo at the SC over the Philippine Charity Sweepstakes Office (PCSO) fund scam.
He said the woman was named against the background of the acquittal.
An acquittal and prison sentences ranging from 6 to 36 years were delivered by the court, noted the court spokesman, stating the Salafists are involved in this case.