T.C.
SUPREME
12. CRIMINAL DEPARTMENT
PRINCIPAL NO: 2016/10893
DECISION NO: 2017/7762
DECISION DATE: 23.10.2017

> FACEBOOKTAN ” GET YOU A GOOD QUALITY BITCH NAME HATICE +9053……….”IN THE FORM OF SHARING AND ALSO INSULTING. IF TWO OFFENCES ARE COMMITTED IN ONE ACT, A CONVICTION SHOULD BE ESTABLISHED ON THE CHARGE OF UNLAWFULLY DISSEMINATING THE HEAVIEST DATA.

The conviction of the defendant on the charge of giving or seizing the data unlawfully was appealed by the defendant and his local public prosecutor, and the file was examined and considered necessary.:

Decision: the rejection of other appeals by the defendant and the local public prosecutor, according to the scope of the file examined, to the trial, to the evidence collected and shown at the decision place, to the opinion and discretion of the court in accordance with the results of the prosecution,,

but;

According to the scope of the file and the defense containing the defendant’s confession; the defendant’s facebooktan ” get you the name of quality orosbusu Hatice + 9053…….”by sharing in the form of the participant’s personal data in the form of mobile phone number spread the data of the TCK 136/1 in violation of the law to give or seize the crime, the participant because of the insult of the TCK 125/1 article committed the offence of defamation, with one act caused by more than one different crime, TCK’s 44. in accordance with the article, it should be decided that there is no place to convict on the offence of giving or seizing data in violation of the law, which requires a heavier penalty, while it should be decided that there is no place to convict on the offence of defamation.,

Admissions and applicationssee also;

1 -) in accordance with Article 125/4 of TCK about the defendant 1/6 rate increase while the result penalty should be determined as 11 months and 20 days, 12 months determined by the determination of more punishment about the defendant, contrary to the law,

2 -) The defendant is about TCK’s 53. while the article is being applied, the Constitutional Court has an obligation to observe the annulment decision no. 08.10.2015, 2014/140 basis, 2015/85 decision published in the Official Gazette dated 24.11.2015,

Conclusion: as the appeal appeals of the defendant and the local public prosecutor are seen in this regard, the provision is therefore required to be overturned by law No. 5320 No. 8. under Article 321 of the Cmuk No. 1412, which is still being implemented. it was decided unanimously on 23.10.2017 that the article should be corrupted in accordance with the request.