T.C.
\nSUPREME COURT
\nCriminal General Assembly
\nBase No: 1997\/4-386
\nDecision No: 1998\/52
\nDecision Date: 24.02.1998
\nCRIME OF DEFAMATION THROUGH THE PRESS \u2013 GENERAL CASTE FOR THE OCCURRENCE OF CRIME
\nHONOR OF THE PERSON WHO IS NOT SUFFICIENT AND IS TARGETED
\nIT IS NECESSARY TO BE INSULTED FOR THE PURPOSE OF VIOLATION OR INCITEMENT
\n– TO DO NOT OVERCOME THE LIMITS OF THE RIGHT OF THE PRESS TO REPORT AND CRITICIZE<\/p>\n
Summary: 10.5.1994, 13.9.1994 and 20.9.1994 of the newspaper in which the defendants are the owner and director of editorial Affairs
\nin the articles they published in their dated issues., humiliating the complainant and thus insulting
\ncases filed for alleged crimes have been consolidated by the Local Court and the limit of criticism
\nit was accepted that he was not hanged, that the elements of the crime were not formed, and the acquittals of the defendants were decided.
\nAfter the appeal of the participant, the special apartment criticizes articles in daily newspapers 10.5.1994 and 13.9.1994 and
\nno matter that the limit of reporting was hung, the participant was humiliated in the environment, treated with a general caste
\nbecause of the decision of acquittal on the basis of the opinion of the expert who is looking for a special caste\u201d in the crime of blasphemy
\nhe broke the sentence.
\n(765 P. K. m. 480, 482)
\nCase: the acquittals of Omar Mustafa and Enver, defendants for defamation through the press
\n(Bulancak Criminal Court of First Instance)participating in Provision No. 209-100 on 11.7.1995 days given by nce
\nthe fourth Criminal Division of the Supreme Court examining the file on appeal by 4.6.1996 days 3930\/5080
\nby number;
\n“Accused Enver is the director of writing.. In the issue of the newspaper dated 13.9.1994, the other accused
\nWritten and published by Omar Mustafa, \u201cwhat does the prefect want to do?\u201cin the headline article ” I wonder
\nhe’s the prefect.. if he does all the work with such different fake documents, he puts the upper authority to sleep
\nwoe to us if he tries to deceive”, in the issue dated 10.5.1994; written by Enver
\n\u201ca school without teachers has opened, prefect O.. he thinks he’s the director of National Education\u201d”
\n\u201cAnd we looked at the governor who had previously changed the documents in the formation of the board of Directors of the teacher’s House
\nhe’s the prefect who put the genius to sleep… he came out in front of us”, giving place to the words, participating in those who read
\ncriticism and news that made the action legal by giving the impression that the prefect edited a fake document
\nit is generally intentional, without regard to the fact that the limit of giving was hung and the person named was humiliated in the environment
\nestablishment of an acquittal provision by giving weight to the opinion of an expert who is looking for a special caste in the crime of blasphemy\u201d
\nhe broke it with no hits,
\nLocal Court, 17.12.1996 day by issue 337-146;
\n\u201cThe general caste is not sufficient for the occurrence of the crime, and the seref and dignity of the targeted person is violated or
\nhe must be insulted in order to provoke. Information and notice, as well as criticism, insults, insults
\nit is determined by looking at whether or not it is. That the defendants did not intend to be humiliated, that the elements of the crime
\nit is believed that it did not occur. Articles are intended to inform and inform the public.\u201d
\nhe resisted the previous provision on the grounds.
\nSince this provision is also requested by the court of Cassation for review, the file is filed by the Court of Cassation C.
\n25.12.1997 day notification of the attorney general’s request for \u201cviolation ” sent to the first president,
\nSentencing was read by the General Assembly, the need was discussed and considered:
\nVerdict: in the articles published by the defendants in the issues of 10.5.1994, 13.9.1994 and 20.9.1994 of the newspaper in which they are the owner and director of writing., humiliating the complainant and thus insulting
\ncases filed for alleged crimes have been consolidated by the Local Court and the limit of criticism
\nit was accepted that he was not hanged, that the elements of the crime were not formed, and the acquittals of the defendants were decided.
\nAfter the appeal of the participant, the special apartment criticizes articles in daily newspapers 10.5.1994 and 13.9.1994 and
\nno matter that the limit of reporting was hung, the participant was humiliated in the environment, treated with a general caste
\nbecause of the decision of acquittal on the basis of the opinion of the expert who is looking for a special caste\u201d in the crime of blasphemy
\nhe broke the sentence.
\n20.9.1994 in the daily newspaper ” let’s not Aglatmay our future\u201d in relation to the article with the title Special
\nA review by the department has not been made and a decision to overturn it has not been made and to resist by the Local Court on this issue
\nsince the decision cannot be made, the review is dated 10.5.1994 and 13.9.1994
\nit was decided that it should be done limited to articles in newspapers. Also ruining a private apartment
\n10.5.1994 and 13.9.1994 in the decision of daily newspapers to write wrong material error
\naccepted as, 10.5.1994 daily copy due only to the owner of the newspaper and director of editorial Affairs
\nOAN d.M. a lawsuit was filed against the defendant, Enver, because he did not have this number of officers
\nstating that he is responsible for both defendants in the decision to overturn, without regard to the fact that there is no case,
\nCMUY150 and 257. courts, in accordance with the articles, to the crimes and persons declared in the indictment
\nbecause it is connected, the decision made by the court was not considered effective in the outcome.
\nProblem to be solved, 10.5.1994 and 13.9.1994 daily newspapers, press reporting and
\napart from the general caste for whether it has exceeded the limits of the right to criticize and for the November crimes of insulting and insulting
\nit also depends on whether a special caste should be sought.
\nCompliance with the law in crimes committed through the press, the basis of the Constitution 28 and continuation
\nit is the consent of magdurun with the right to inform and criticize those who receive their articles. Criticism of reporting
\nfor the acceptance of the right, the news that is the subject of explanation or criticism is real and up-to-date,
\nfinding public interest and decency in disclosure, a mental link between disclosure and subject matter
\nmust be present. About those named in the news or article, diminutive words should not be used. This
\nin the absence of even one of the elements, the right to inform and criticize cannot be mentioned,
\nthe action would be unlawful.
\n\u201cOn the other hand, the rights to inform, criticize and defend the exercise of a right are only
\nit may be for the crime of defamation; without attributing a verb to someone, his seref and
\nno one who says or writes a word that tarnishes his reputation can claim that he has exercised his right.
\nBecause no one has that right. Even by attributing a specific substance to the perpetrator
\nif he commits the crime of insults as well as insults, and there is a reason for compliance with the law in the case, this reason
\nalthough it prevents insults from being a crime, it does not prejudice the existence of insults and the perpetrator is responsible for insults
\nit is necessary to be punished\u201d (Prof. Sahir Erman, insults and curses, sh. 130).
\nIn judicial decisions and teaching, no special caste is sought in the crimes of insults and insults November,
\nGeneral November is considered sufficient. TCY.in 480 and 482. the articles did not mention motive,
\nthe purpose of the accused was not given importance. The words said and the writings written are of an insulting nature
\nit is enough to know that it is, and to deliberately say or write it. In these crimes, the crime is spiritual
\nits element is the general caste.
\nIn the case, the owner, the director of writing and the author, the accused d.M. 10.5.1994 daily copy of the newspaper
\n\u201cWhat does the prefect want to do? B…The Prefect is trying to change the documents going to O … \u201d in the headline article,
\n\u201cDistrict teacher’s house management and supervisory boards were not established, documents were filled, skateboarding
\nafter\u201d stating ” that he was in a meaningless attitude earlier … the day does not pass
\nanother has been added to the scandal. Proposed by the director of National Education of the district and proposed by the governor
\nthe members chosen from among the names are the prefect (Dec.O) the name of the two members by the method of changing the document
\nhe’s changing. Prefect O…, rewriting the article from the District Director of National Education, District
\nHe uses the name of the director of National Education, changes the names, cancels the previous approval of the governor
\nhe adds, the county and the Provincial Director of National Education sign it to the governor with his own signature without his signature. Governor
\nhe puts his own bureaucrats to sleep and increases the signature. In the bureaucracy, all the articles change like this, everyone
\nif he can write without wearing any office on his own, then no other authorities..
\nHe’s The Prefect.. if he does all the work on such different fake documents, he will trick the upper authority by putting it to sleep
\nif it’s working, woe to us..”it was said.
\nLate creation of Educational Management and supervisory boards, proposed by the director of National Education
\nalthough there is public interest and interest in making news about the change of names by the prefect
\neven, maintaining the intellectual connection between the way the news is delivered and the subject and their behavior in the news Dec.
\ndiminutive judgments about the participating prefect, which have been criticized, should be avoided. Whereas
\nthe article described the actions of the prefect involved as \u201cscandalous\u201d. An article as a circle supervisor
\nit is the natural right of the signatory prefect to change the names on the list. This process, a forged document
\ntransfer as if edited and disclosure that it was done \u201cby changing the document”, the participant
\nsaying that he “tried to trick the governor by putting him to sleep” is humiliating, personal value to the participant
\nthe judiciary are.
\n13.9.1994 day issue made by accused Enver, accused Omar Mustafa
\nhe wrote \u201c ” a school without teachers has been opened, Prefect O.. He thinks he’s the director of National Education\u201d ”
\nin the article, the reasons why a school remains without a teacher, even though student registration has been made and schools have been opened
\nafter it was stated that it had been investigated \u201c” We Asked, We investigated, we looked at that before the management of the teacher’s House
\nhe’s the prefect who changed the documents in the formation of the council and put the governor to sleep…\u201d
\nit is being tried and the savings of the prefect participating in the continuation are being criticised. Attendee,
\nwhile the savings related to changing the positions of teachers in the district were reported and criticized,
\nrepeating the words in the previous article, since the participant changed the documents and put the governor to sleep
\nabuse of the right to mention, notice and criticism, and defendants compliance with the law
\nthey can’t take advantage of themselves.<\/p>\n
Criticism and reporting limits in both articles related to the crime hang and the impression that the participant edited the fake document
\nhe was humiliated in the environment by waking up, not looking for a special caste for the occurrence of the crime, and writing
\na general caste consisting of knowing that it is of an insulting nature and asking to be November is sufficient
\nit is against the law to resist the previous provision without regard to it.
\nIn this respect, the Local Court must decide to overturn the resistance provision.
\nConclusion: for reasons described, Local Court resistance (deterioration), 24.2.1998 day
\nit was decided by unanimous decision in accordance with the opinion in the communique.<\/p>\n","protected":false},"excerpt":{"rendered":"
T.C. SUPREME COURT Criminal General Assembly Base No: 1997\/4-386 Decision No: 1998\/52 Decision Date: 24.02.1998 CRIME OF DEFAMATION THROUGH THE PRESS \u2013 GENERAL CASTE FOR THE OCCURRENCE OF CRIME HONOR OF THE PERSON WHO IS NOT SUFFICIENT AND IS TARGETED IT IS NECESSARY TO BE…<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[217,223,220,218],"yoast_head":"\n