DOES THE ACQUITTAL ATTORNEY FEE HAVE TO BE FINALISED? CAN THE CRIMINAL ACQUITTAL ATTORNEY FEE BE PUT INTO EXECUTION BEFORE IT IS FINALISED

DOES THE ACQUITTAL ATTORNEY FEE HAVE TO BE FINALISED? CAN THE CRIMINAL ACQUITTAL ATTORNEY FEE BE PUT INTO EXECUTION BEFORE IT IS FINALISED

Does the acquittal attorney fee need to be finalised? Can a criminal acquittal attorney fee be enforced before it is finalised?

Yes. The acquittal attorney fee can be enforced without finalisation, in simpler terms, the criminal file does not need to be finalised in order to open an execution proceeding with judgement based on the acquittal attorney fee. The justification for this situation is as follows: Since there is no situation that requires the finalisation of the judgment subject to the proceeding as an acquittal decision, the judicial expenses and attorney fee, which are the accessories of the judgment, can be subject to proceedings without finalisation, since they will be evaluated according to the proceeding procedure subject to the original judgment, and since it is understood that Article 4 of the CGTİHK, which is relied on as the only legal legislation regarding the decisions made by the Criminal Courts, is related to the conviction provisions and cannot be extended to the acquittal decisions, it was necessary to establish a judgment as follows regarding the rejection of the lawsuit. (The full text of this court decision is below)

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