T.C.
SUPREME
18.CRIMINAL DEPARTMENT
BASE NO:2015/4471
DECISION NO:2015/6667
DATE OF DECISION. 06/10/2015
The verdict issued by the Local Court was appealed, but the duration of the application and the nature of the decision, as well as the file according to the date of the crime, were discussed:
Since there were no reasons for refusing Jul’s request, the essence of the work was moved.
In the examination conducted according to the minutes, documents and justification content reflecting the trial process in which conscientious opinion was formed, other reasons were not found to be in place.
But;
The legal value protected by the punishment of insulting acts is the honor, dignity and dignity of persons, 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 arbitration or not is relative and may vary depending on the time, place and situation. Any severe criticism or offensive words directed at people should not be considered in the context of a crime of insult, the words should clearly constitute a concrete verb or fact that can offend honor, honor, and dignity, or a verb to insult. On the day of the incident, the defendant addressed the complaining police officers and said, “What is it again, why are you blocking my way? Is it humanity that you are doing? Is there such rudeness? What’s the matter, why are you stopping me now? Go look at the Kurds, deal with the Frequented Bar, fuck the mother of the police……… they swear that you are not doing anything to them, you are not comfortable when it comes to us, what do you want from me, get out of my head,”the words are not offensive to the honor, honor and dignity of the complainants, but are rude words and the elements of the offense of insult are not formed, regardless of the fact that the decision to convict on grounds that are not legal and are not considered appropriate,
It’s against the law, and the defendant is F.. K..since the reasons for the appeal were considered in place, it was unanimously decided on 06/10/2015 that the DECISION should be OVERTURNED by rejecting the approval thought in the communique, that the file should be sent to the court of main/sentence to be continued and concluded starting from the pre-trial stage of the decision.
