SUPREME COURT 4. Criminal Department
E. 2013/31819
2016/657 K.
The provisions issued by the Local Court are appealed, according to the duration of the application and the nature of the decision, as well as the date of the crime, and the defendant O.. C..according to the content of the appeal petition, it is accepted that he appealed the verdict as a defendant, I.. C.. the provisions about him were excluded from the review and the file was discussed:
Since there were no reasons for the refusal of the appeal request, the essence of the work was moved.
In the examination conducted according to the minutes, documents and justification content reflecting the trial process in which the conscientious opinion was formed;
A-Defendant M.. D..’e achieved with the right sword to injure the threat and actions taken and the actions committed by the defendant mandatory elements of the solution that was conducted in accordance with the law, with all the evidence that showed the results of the trial in stages to provide complete control and forth in the claims and defenses of the appeal of exhibited and discussed without changing the essence, blood, conscientious, precise, consistent and do not conflict where the data on which it is based,
That the actions are characterized as correct and comply with the types of offenses provided for in the Law,
Where penalties are applied in a legal context,
53/1 of the Turkish Commercial Code due to a non-short-term prison sentence, which was convicted of threatening the defendant. although the decision to deprive the rights written in the article has not been made, the decision to cancel the Constitutional Court’s decision dated 08/10/2015 and numbered 140/85 on paragraph 53/1-b at the execution stage is also considered to be possible to be applied personally, since it cannot be overturned,
As it turns out, the defendant is M.. D..although the reasons put forward by the are not seen on the spot, in accordance with the communique, THE APPROVAL OF THE PROVISIONS WITH A FUNDAMENTAL REJECTION OF THE APPEAL CASE,
B-Defendant M.. D.. about the insult, he is the defendant.. C.. as for the appeal against the provisions established for the crimes of wounding;
Other reasons were not seen on the spot.
But;
1-Defendant I, who is out of the appellate review.. C..’in, he’s the defendant.. C..he insulted and threatened ganyan by phone, sent a text message with an insult written in the minutes, called him out and threatened him again while he was at the ganyan dealer on 02.06.2008, the admission was also in this direction, and the indictment says that the TCK 25 about the defendant. it is understood that the application of the article wants; He is the defendant.. C.. discussion of whether the provisions of self-defense or unfair incitement should be applied to,
2-Defendant M.. D..’in, he’s the defendant.. C..the decision to convict on the grounds that the act consisting of calling “fuck” is not offensive to the honor, honor and dignity of the victim, but is a rude word that exceeds the boundaries of courtesy, and the elements of the offense of defamation are not formed, which is illegal and not considered appropriate,
It’s against the law, he’s the accused.. C.. and M.. D..for the reasons of the appeal, it was decided unanimously on 18/01/2016 that the deterioration of the PROVISIONS would be partially seen in the place of thought in the communiqué, that the file would be sent to the court of main/judgment to be continued and concluded starting from the pre-trial stage of the trial.
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Criminal Department 2015/7182 E. , 2015/12140 K.
“text of jurisprudence”
Communiqué No: 4 – 2013/296073
COURT : Adana(Closed) 5. Magistrates ‘ Court
DATE : 21/05/2013
NUMBER : 2013/454(E) and 2013/780(K)
OFFENSE : Insult
The verdict issued by the Local Court was appealed, but the duration of the application and the nature of the decision, as well as the file according to the date of the crime, were discussed:
Since there were no reasons for the refusal of the appeal request, the essence of the work was moved.
The minutes reflecting the trial process in which the conscientious opinion was formed were not found to be in place in the examination conducted according to the documents and the content of the justification.
But;
The legal value protected by the punishment of insulting acts is the honor, honor and dignity of persons, and in order for this crime to occur, the behavior must occur in order to humiliate the person. In some cases, whether a movement is arbitration or not is relative and may vary depending on the time, place and situation. Any severe criticism or offensive remarks directed at people should not be considered in the context of a crime of insult, the words should clearly constitute a concrete verb or fact attribution or a verb of abuse that can offend honor, honor, and dignity. On the day of the incident, the accused was accompanied by gendarmerie personnel who wanted to take him to the hearing at the courthouse.. S..“sanane lan is my name, why are you messing with me” and rude words are considered to be said to the client’s honor, honor and dignity in a non-offensive dimension due to the fact that the elements of the offense of defamation are not formed, without regard to the decision to be convicted,
It’s against the law, and the defendant is C.. He..since the reasons for the appeal were considered on the spot, it was unanimously decided on 26/11/2015 that the VIOLATION of the PROVISION contrary to the opinion in the communique should be continued and concluded, starting from the pre-trial stage of the trial, and the file should be sent to the court of merits/judgment for conclusion.
T.C.
SUPREME
4.CRIMINAL DEPARTMENT
E.2012/35914
K.2014/2639
T.30.1.2014
THE WORD LAN IS NOT AN INSULT (The Accused Said to the Police Officer Trying to Take a Statement, “You Can’t Fucking Keep Me Here” – It’s a Rude Style of Address/ The Offense of Defamation Will Not Occur)
OFFENSE OF INSULT (The Words Said Must Clearly Constitute a Concrete Act or Fact That Can Offend Honor Honor and Dignity, or a Verb to Insult – It Will Not Constitute a Crime of Insult if the Accused Calls the Police Officer Who Is Trying to Take a Statement)
RUDE WORDS (When the Accused Says to the Police Officer Who Is Trying to Take a Statement, “You Can’t Keep Me Here, You Can’t Keep Me Here” – It Is Not Offensive to the Honor and Dignity of the Client / The Elements of the Offense of Defamation Will Not Be Formed)
THE COMMISSION OF AN INSULTING ACT IN THE TESTIMONY ROOM (Insulting the Police Officer Who Is Trying to Take the Defendant’s Statement – The Punishment Cannot be Increased Without Discussing and Explaining How the Element of Publicity Is Formed)
INCREASING THE PUNISHMENT (Insulting the Police Officer Who Is Trying to Take the Defendant’s Statement in the Police Station’s Statement Room – The Punishment Should Not be Increased Without Discussing and Explaining How the Element of Publicity Occurs)
5237/m. 125
ABSTRACT: In order to evaluate the words said in the context of a crime of defamation, it is necessary to clearly establish a concrete verb or fact that can offend honor, honor, and dignity, or a verb to insult.
It should be noted that the elements of the offense of defamation are not formed due to the fact that the words in the form of “you can’t fucking keep me here” and rude style of address that the accused allegedly said to the police officer trying to take a statement are not offensive to the honor, honor and dignity of the client.
According to the admission, it is against the law to increase the punishment without discussing and explaining how the element of publicity was formed in the face of the understanding that the act of defamation took place in the deposition room at the police station.
CASE : The verdict given by the Local Court was appealed, and the duration of the application and the nature of the decision and the file were discussed according to the date of the crime:
DECISION : Since there were no reasons for the rejection of the appeal request, the merits of the work were moved.
In the examination conducted according to the minutes, documents and justification content reflecting the trial process in which conscientious opinion was formed, no other reasons were found to be in place.
But;
1-The legal value protected by the punishment of insulting acts is the honor, honor and dignity of persons, and in order for this crime to occur, the behavior must occur in order to humiliate the person. In some cases, whether a movement is arbitration or not is relative and may vary depending on the time, place and situation. Any severe criticism or offensive words directed at public officials or civilian citizens should not be considered in the context of a crime of insult, the words should clearly constitute a concrete verb or fact or verb of a nature that can offend honor, honor, and dignity. On the day of the incident, the accused was accompanied by a police officer who tried to take a statement from him. C.“you can’t keep me here, you can’t fucking keep me here,” which is considered to have been said to the court, and the words in a rude style of address are not offensive to the honor, honor and dignity of the client due to the fact that the elements of the offense of defamation are not formed, regardless of the fact that a conviction decision is made,
2-According to the admission, in the face of the understanding that the act of defamation took place in the deposition room at the police station, the element of publicity was discussed and explained how it was formed, increasing the punishment with insufficient justification,
CONCLUSION : It is against the law and the defendant is H. T. it was unanimously decided on 30.01.2014 that the file should be sent to the court of main/sentence to be continued and concluded starting from the pre-trial stage of the trial, so that the opinion of the defender’s appeal and the opinion in the communiqué were seen at the place, the DECISION should be overturned.
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