- Criminal Chamber
Base Number : 2014/19526
Decision Number : 2015/3184
“Justice Text”
Court: Criminal Court of First Instance
Crime: Unlawfully giving or obtaining data
Judgment: Acquittal
The provision regarding the acquittal of the accused for the crime of illegally giving or seizing the data was appealed by the participant, the file was examined and the necessary was considered:
Rejection of other objections of the participant, but;
According to the scope of the file; The defendant … and the victim … knew each other because they worked together at the workplace of the same cargo company for a while, during the period when the defendant left the workplace, the profile picture of the defendant was used as the profile picture from the Facebook account of the victim, “Hi … Madam, how are you? ” and “One doesn’t respond when it’s this beautiful, and you’re right.” Following the sending of two messages dated 16.09.2013, the victim requested that the witness, who is the owner of the workplace, call the accused by phone and find out whether he was involved in the incident, and in line with the request of the victim, the witness who called the accused on the phone at 10:00 on 17.09.2013. he conveyed the matter to the accused and stated that the accused had nothing to do with the facebook account named …; However, approximately 2 hours after this phone call, the defendant’s profile picture on the facebook account named … was removed and a landscape picture was placed on the profile. In the event that he opened a new facebook account with the name of “…”, using the picture of the victim on his facebook profile, with the aim of proving to the victim that fake accounts can be easily opened with pictures belonging to others on the sharing site,
Considering that the victim first called the witness, who was the owner of the workplace, to find out whether he had a connection with the incident, regarding the facebook account named … where the picture of the accused was used, it was taken into account that he was a facebook user and knew that fake facebook accounts were opened using his public profile picture. the sincere statements of the victim, which did not change in essence in the stages, and after the discussion at the workplace, the accused himself said, “I will open 10 separate facebook accounts with your picture, you will see.” In a concrete case where there is no reason for compliance with the law that can be accepted by any branch of law or there is no matter that can be taken into account in this context, by giving superiority to his statements that he said such words, he can send the personal data picture of the victim, without his consent, to the views of others, on the facebook account named “…” 136/1 of the TCK due to the act of the accused who presented it. 223/2 of the CMK, the defendant’s defenses to save himself from punishment should be taken into consideration, and regardless of the fact that the motive of the accused is not important in the crime committed with general intent, with written reasons that do not fit the scope of the file, 223/2 of the CMK -to be acquitted pursuant to article c,
It was unanimously decided on 23.02.2015 that the verdict be overturned in accordance with the request, pursuant to Article 321 of the CMUK No. 1412, which is still in effect pursuant to Article 8 of the Law No. 5320.
