T.R.
SUPREME COURT
. Criminal General Assembly
Base No: 1997/4-386
Decision No: 1998/52
Decision Date: 24.02.1998
OFFENSE THROUGH THE PRESS – GENERAL INTENTION TO MAKE A CRIME
HONOR AND Dignity of the TARGET PERSON NOT ENOUGH
INFRINGEMENT OR INSURANCE
- PRESS’ RIGHT TO INFORM AND CRITICISE LIMITS
REQUIREMENT
SUMMARY: The newspapers of which the defendants are the editors of the newspaper on 10.5.1994, 13.9.1994 and 20.9.1994
In the articles they published in the dated issues, they humiliated the complainant and thus insulted
The lawsuits filed with the allegation that they committed the crime were combined by the local court and the limit of criticism was reached.
It was accepted that the defendants were not hanged and that the elements of the crime were not formed, and the defendants were acquitted.
Upon the appeal of the participant, the Special Chamber received criticism and criticism in the articles in the newspapers of 10.5.1994 and 13.9.1994.
perpetrated with general intent, regardless of whether the notification limit is exceeded and the participant is humiliated in the environment.
for the crime of cursing, based on the opinion of the expert looking for special intent, the decision of acquittal was given”
overturned the judgment.
(765 S. K. Art. 480, 482)
Case: Regarding the acquittal of the defendants Ömer Mustafa and Enver for insulting through the press
(Bulancak Criminal Court of First Instance).
The Fourth Penal Chamber of the Supreme Court of Appeals examined the file upon its appeal by 4.6.1996 day 3930/5080
by number;
“In the issue of G.. Newspaper dated 13.9.1994, where the accused Enver was the editor-in-chief, the other accused
“What does the district governor want to do?” written and published by Ömer Mustafa. in the caption “I wonder
If the district governor O.. is doing all the work with such different fake documents, he will put the higher authority to sleep.
If he is trying to deceive us, woe to us”, in the issue dated 10.5.1994; written by Enver
In the article titled “A school without a teacher has been opened, the district governor O.. thinks he is the director of national education”
“We also saw that before, we changed the documents in the formation of the teacher’s board of directors and appointed the governor.
He is the governor who puts genius to sleep… we are here”
Criticism and news that make the action lawful by giving the impression that the district governor prepared forged documents
committed with general intent, regardless of whether the giving limit is exceeded and the said person is humiliated in the environment
Establishing a verdict of acquittal by giving weight to the opinion of the expert who seeks special intent in the crime of cursing.
spoiled by his inaccuracy,
Local Court, 17.12.1996 with the number 337-146;
“General intent is not sufficient for the crime to occur, and violation of the honor and dignity of the targeted person or
should be insulted in order to provoke. Intention of criticism, insult, insult with information and news
determined by checking whether it is present or not. That the defendants did not intend to humiliate, that the elements of the crime
It was concluded that it did not occur. The articles are intended to inform and inform the public.”
resisted in the previous provision.
Since the review of this provision by the Court of Cassation was requested by the participant in due time, the file was submitted to the Court of Cassation C.
By being sent to the First Presidency with the notification dated 25.12.1997 of the Office of the Chief Public Prosecutor with the request of “overturning”,
It was read by the General Board of Penalty, and the need was discussed and considered:
Decision: In the articles published by the defendants in the issues of 10.5.1994, 13.9.1994 and 20.9.1994 of the newspaper of which they are the owner and editor-in-chief, they have humiliated the complainant and thereby insulted him.
The lawsuits filed with the allegation that they committed the crime were combined by the local court and the limit of criticism was reached.
It was accepted that the defendants were not hanged and that the elements of the crime were not formed, and the defendants were acquitted.
Upon the appeal of the participant, the Special Chamber received criticism and criticism in the articles in the newspapers of 10.5.1994 and 13.9.1994.
perpetrated with general intent, regardless of whether the notification limit is exceeded and the participant is humiliated in the environment.
for the crime of cursing, based on the opinion of the expert looking for special intent, the decision of acquittal was given”
overturned the judgment.
Regarding the article titled “Let’s Not Make Our Future Cry” in the newspaper of 20.9.1994, Special
It is not clear that an examination was carried out by the Chamber and an overturning decision was not made, and that the local court did not resist.
Since it will not be possible to issue a decision, the examination dated 10.5.1994 and 13.9.1994
It was decided to be limited to the articles in the newspapers. Also, private flat break
The fact that the headlines of the newspapers with the day 10.5.1994 and 13.9.1994 were written incorrectly in the decision of
Due to the copy dated 10.5.1994, only the owner and editor-in-chief of the newspaper
the defendant O.M. A lawsuit has been filed against him, since the accused Enver is not in charge of this number.
stating that both defendants are responsible for the decision to reverse, regardless of the absence of a lawsuit,
Pursuant to Articles 150 and 257 of the CMUY, the courts are responsible for the crimes and persons declared in the indictment.
It was not considered effective in the outcome, taking into account the decision of the court.
The problem to be solved is that the articles in the newspapers of 10.5.1994 and 13.9.1994, the news and the press.
The general intent is not to exceed the limits of the right to criticize and for the offenses of insulting to occur.
outside
It is also about whether a special caste is required or not.
The conditions of compliance with the law in crimes committed through the press are based on the Constitution 28 and its continuation.
It is the consent of the victim with the right to inform and criticize. reporting criticism
In order for the right to be accepted, the news subject to explanation or criticism must be true and up-to-date,
public interest and benefit in the disclosure, there is an intellectual connection between the way of disclosure and its subject.
must exist. Derogatory words should not be used about those mentioned in the news or article. This
In the absence of even one of the elements, the right to inform and criticize cannot be mentioned,
The action will be unlawful.
“On the other hand, the rights to inform, criticize and defend, expressing the exercise of a right, are only
may be subject to the offense of defamation; without attributing an action specific to a person, his honor and
Anyone who speaks or writes a discreditable word cannot claim to have exercised a right.
Because no one has such a right. Even by attributing a specific article to the perpetrator.
If he commits the crime of insulting as well as cursing and there is a reason for compliance with the law, this reason
Although it prevents the insult from being criminal, it does not harm the existence of the insult and does not cause the perpetrator to be guilty of cursing.
punishment would be necessary” (Prof. Sahir Erman, Offenses of Insult and Cursing, p. 130).
In judicial decisions and teaching, no special intent is sought in offenses of insult and cursing,
It is accepted that the general intent is sufficient. In the articles 480 and 482 of the TCY, the motive was not mentioned,
The purpose of the accused is not given importance. Your spoken words and written texts are offensive.
It is enough to know that it is and to say or write it knowingly. In these crimes, the moral
The element is general intent.
In the incident, the owner, the editor-in-chief and the writer, the defendant Ö.M. in the 10.5.1994 issue of the newspaper
“What does the governor want to do? In the article with the headline “B… The document sent to the District Governor O… is subject to change”,
“District teacher’s house management and inspection boards are not formed, documents are circulated, skateboarding
After it was stated that he had a meaningless attitude”, “… a day goes by.
Another new scandal has been added. Proposed by the District Directorate of National Education and proposed by the governorship
The District Governor (Y.O) chooses the members from among the names and names the two members by changing the documents.
is changing. District Governor O…, rewrites the letter from the District Directorate of National Education, District
It uses the title of the Directorate of National Education, changes the names, cancels the previous governor’s approval.
He adds, the District and Provincial Director of National Education has it signed by the governor with his own signature, without the signature of the Director of National Education. the governor
it puts its own bureaucrats to sleep and increases the signature. In the bureaucracy, all the writings change like this, and everyone
If he can write without any maqam according to his own mind, then there should be no other maqams..
If District Governor O.. carries out all the work on such different fake documents, he will try to deceive the upper authority by putting him to sleep.
If it works, woe to us..”
The late formation of the board of directors and supervisors of the teacher’s house is recommended by the Directorate of National Education.
Although there is public interest and benefit in reporting the change of names by the district governor
even, the preservation of the intellectual link between the way the news is delivered and the subject and their behavior in the news.
It is necessary to avoid derogatory value judgments about the criticized participating district governor. Whereas
In the article, the actions of the participating district governor were described as “scandalous”. In the capacity of head of department
It is the most natural right of the signatory district governor to change the names on the list. Your name is a fake document
It is transferred as if it was arranged and it is explained that it is done with the “document change method”, the participant’s
Saying that “he tried to deceive even the governor by putting him to sleep” is humiliating, personal value
are judgments.
In the issue dated 13.9.1994 made by the accused Enver, the Registry of the accused Ömer Mustafa
He wrote with the title “School Without Teachers Opened, District Governor O.. Thinks He’s the Director of National Education”
In the article, it is stated that the reasons why a school is left without a teacher even though student registrations are made and schools are opened.
After it was stated that it was investigated, he said, “We asked, we investigated, and then we saw that before the teacher’s administration
He is the district governor who changed the documents and put the Governor to sleep during the formation of the board of directors…”
and then the dispositions of the participating district governor on this issue are criticized. the participant,
While informing and criticizing the savings of the teachers in the district regarding the change of their place of duty,
repetition of the words in the previous article, since the participant changed the documents and put the governor to sleep.
mentioning, reporting and criticism is abuse of the right and the defendants are in compliance with the law.
they cannot take advantage of their situation.
In both articles subject to the crime, the limit of criticism and reporting was exceeded, and the impression that the participant prepared fake documents
It is not necessary to look for a special intent for the formation of the crime, and the writings that are written are
It consists of knowing that it is offensive and being asked to write it.
your general intent is enough
It is against the law to resist in the previous provision, regardless of whether it is
In this respect; The decision of the local court to resist should be overturned.
Result: For the reasons explained, the local court’s decision to resist (OVERFLOW) was on the day of 24.2.1998.
It was decided unanimously in accordance with the idea in the notification.
