Summary: The defendant’s Facebook “Get You quality o…… name hatice……….”136/1 of the TCK due to the dissemination of the mobile phone number of the participant in the nature of personal data by sharing in the form. 125/1 of the TCK for insulting the participant. 44 of the TCK. according to the article, he should be punished for illegally giving or seizing data that requires a heavier penalty, and for defamation, it should be decided that there is no room for a conviction.
T.C.Supreme court12. Criminal Division E: 2018/5543 K: 2018/11032 K.T.: 21.11.2018
Court :Criminal Court Of First Instance
Crimes : unlawful giving or seizure of data, defamation
Provision: 136/1, 58/7, 53, 125/2-1-4, 58/7, 53. according to the articles, convictions
Edirne 4. 19/04/2018 date of the Criminal Court of First Instance, 2017/1022-2018/369 decision to resist, appealed by the defendant, Law No. 6763 36. Article 307 of the different CMK. Article 3. according to the paragraph, the file was examined and considered necessary:
Our apartment, 23.10.2017 date, 2016/10893 – 2017/7762 in the decision no. “according to the scope of the file and the defense of the accused containing the confession; the defendant’s Facebook” Get You quality O…… name hatice……….”136/1 of the TCK due to the dissemination of the mobile phone number of the participant in the nature of personal data by sharing in the form. 125/1 of the TCK for insulting the participant. 44 of the TCK. according to Article 307/3 of the CMK, since the determination of more punishment against the accused due to the establishment of a sentence for both crimes is in accordance with the procedure and the law in terms of the result of the reason for the violation of the law, there is no room for amendments to the decision. according to the article, it was unanimously decided on 21.11.2018 that the file should be sent to the Chief Prosecutor of the Supreme Court for review to the president of the criminal General Assembly of the Supreme Court
