04 Dec The Words Uttered In The Crime Of Defamation Must Clearly Constitute a Concrete Verb Or a Fact Or a Verb To Insult Honor, Honor and Dignity
T.C. Supreme Court 4. CRIMINAL DIVISION 2012/35914 BASIS, 2014/2639 DECISION, 30.01.2014 DATE
* The word LAN is not an insult (the defendant says to the police officer trying to get his statement, “you can’t keep me here, Lan” – it is a rude style of address / the offence of defamation will not occur )
* An offence of defamation ( the words said must clearly constitute a specific verb or fact that can offend Honor, Honor and dignity, or an act of cursing – calling the police officer trying to get the defendant’s statement will not constitute an offence of defamation )
* Words of a rude style of address (when the accused says to the police officer trying to take his statement, “you can’t keep me here ” ” that the Honor and dignity of the client is not of a insulting dimension /that the elements of the crime of insult will not occur )
* Action of insult in the testimony room (insult of the accused to the police officer trying to take the statement – the punishment cannot be increased without discussing and explaining how the element of publicity is formed )
* Increasing the sentence ( insulting the police officer trying to take the defendant’s statement in the expression Room of the police station – the punishment should not be increased until it is discussed and explained how the element of publicity is formed )
5237 / m. 125
Abstract: in order for the words to be evaluated in the context of the offence of insult, they must clearly constitute a concrete verb or fact attribution or a verb to insult Honor, Honor and dignity.
It should be noted that the elements of the offence of defamation are not formed because the words that the accused said to the police officer who was trying to get his statement, in the form of “you can’t keep me here,” and in the form of a rude address, are not offensive to the Honor, Honor and dignity of the polytheist.
According to the admission, it is against the law to increase the punishment without discussing and explaining how the element of publicity is formed in the face of the understanding that the act of defamation took place in the deposition room in the police station.
Case: the sentence given by The Local Court was appealed, the duration of the application and the nature of the decision and the date of the crime were discussed:
Decision: because there were no reasons for the denial of the appeal request, the work was moved to its merits.
According to the minutes, documents and content of the justification reflecting the hearing process in which conscientious blood was formed, other reasons were not found in place.
But;
1-the legal value protected by punishment of insulting acts is the Honor, Honor and dignity of people, 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 offensive or not is relative and can vary depending on time, place, and situation. Any heavy criticism or offensive words directed at public officials or civilian citizens should not be considered in the context of an insult crime, and the words should clearly constitute a specific verb or fact or verb To Insult, which may offend Honor, Honor, and dignity. On the day of the incident, the accused was a police officer who tried to take his statement. O.“you can’t keep me here,” and the vulgar words that he said to him are not offensive to the Honor, Honor and dignity of the polytheist, without regard to the fact that the elements of the offense are not formed, the decision to convict,
2-according to the admission, in the face of the understanding that the act of insulting takes place in the deposition room in the police station, without discussing and explaining how the element of publicity is formed, increasing the punishment with insufficient justification,
Conclusion: illegal and accused H. T. it was unanimously decided on 30.01.2014 to overturn the provision, to continue and send the file to the main/sentencing court to be concluded starting from the stage before the annulment of the trial, since the defense was seen in the place of thought in the communique with the reasons of Appeal.
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