An acquittal decision is issued in cases where the alleged act is not defined as a crime in the law, or it is determined that the alleged crime was not committed by the defendant, or there is no intent or negligence on the part of the perpetrator with regard to the alleged crime, or there is a legal justification for the defendant’s commission of the alleged crime, or it is not established that the defendant committed the alleged crime. The acquittal decision concludes the prosecution phase of the criminal proceedings. In contrast, release refers to the release of a person who has been detained. During the investigation phase, if the public prosecutor concludes that detention is no longer necessary, they may release the suspect ex officio. In addition, the public prosecutor or defense counsel may request the magistrate to end the suspect’s detention and release them under judicial supervision or without judicial supervision. In this case, the magistrate decides whether to grant or deny release after checking whether the conditions for detention continue to exist. (Criminal Procedure Code (CMK) 103/1)
During the prosecution phase, the court may decide to release a defendant who is being tried while in custody. The release decision ends the defendant’s detention. During the prosecution phase, the court may decide to release a defendant who is being tried while in custody, either upon the request of the prosecutor or defense counsel or on its own initiative. (CMK 108/3)