Recording a Fight with a Camera and Adding it to an Investigation File is Not a Crime

Recording a Fight with a Camera and Adding it to an Investigation File is Not a Crime

12th Criminal Chamber

Main Number: 2017/5122

Decision Number: 2018/2516

“Text of Justice”

Court: First Instance Criminal Court

Crime: Violation of privacy

Decision: Acquittal

The participant appealed the defendant’s acquittal for violating the privacy of private life. The case file was reviewed and the necessary considerations were evaluated:

According to the case file, the defendant, who is the father of the participant’s estranged spouse, came to the participant’s home to see his children. He recorded the meeting with a camera and submitted it as evidence in the investigation file. The local court found no procedural irregularity in its acceptance of the case, on the grounds that the participant did not act with the intention of violating the law, but rather to prevent the loss of evidence and to prove the participant’s actions, and that the actions could not be proven otherwise.

At the end of the hearing, on March 7, 2018, the objections that the defendant should be punished were unanimously rejected, and the acquittal decision was APPROVED in accordance with the request of the parties to the case; the court accepted the argument that the alleged act was not defined as a crime in the law.

 

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