Summary: The defendant’s Facebook “Get you a good quality o……. his name is khadija………. 136/1 of the Turkish Commercial Code due to the dissemination of the participant’s mobile phone number in the form of personal data by sharing it in the form of “. 125/1 of the Turkish Commercial Code for insulting the participant for the crime of unlawfully giving or receiving the data regulated in the article. the defendant who has committed the offense of defamation specified in the article, which has caused more than one different offense to occur with an actual one, is subject to Article 44 of the TCK. according to the article, it is necessary to be punished for the crime of illegally giving or receiving data that requires a more severe punishment, and for insulting it, it should be decided that there is no room for establishing a sentence.
T.C.Yargitay12. Criminal Department E: 2018/5543 K: 2018/11032 K.T.: 21.11.2018
Court : Criminal Court of First Instance
Crimes : Giving or seizing data unlawfully, Insulting
Provision : The Turkish Commercial Code 136/1, 58/7, 53, 125/2-1-4, 58/7, 53. conviction in accordance with the articles
Edirne 4. The decision of the Criminal Court of First Instance to resist dated 19/04/2018, numbered 2017/1022 – 2018/369, is appealed by the defendant, and is subject to Article 36 of Law No. 6763. article 307 of the CMK as amended. § 3. in accordance with the paragraph, the file was examined and considered as necessary:
According to the scope of the file and the defendant’s plea containing a confession contained in the decision of our department dated 23.10.2017, 2016/10893 – 2017/7762 “According to the defendant’s facebook “Get you a quality o…… the name of khadija………. 136/1 of the Turkish Commercial Code due to the dissemination of the participant’s mobile phone number in the form of personal data by sharing it in the form of “. 125/1 of the Turkish Commercial Code for insulting the participant for the crime of unlawfully giving or receiving the data regulated in the article. the defendant who has committed the offense of defamation specified in the article, which has caused more than one different offense to occur with an actual one, is required to comply with Article 44 of the TCK. according to the article, the more severe the punishment for the crime of unlawful possession of data that requires the issuance or punished for the crime of defamation, if the judgment should not be judged in the establishment, while the establishment of a defendant convicted of a crime due to the penalty determination more about both against the law” – shaped reversal of justification in terms of results, procedures and consistent with the law, because the decision to the amendment in place, it wasn’t CMK 307/3. in accordance with the article, it was unanimously decided on 21.11.2018 that the file should be transferred to the Prosecutor General’s Office of the Supreme Court of Cassation for sending it to the Presidium of the Criminal General Assembly of the Supreme Court for review.

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