T.C.
SUPREME
- CRIMINAL DEPARTMENT
BASE NO: 10893/2016
DECISION NO: 2017/7762
DATE OF DECISION:23.10.2017
GET YOU A QUALITY BITCH NAME KHADIJA ” FROM FACEBOOK +9053……….” IN THE FORM OF SHARING AND ALSO INSULTING. IF TWO CRIMES ARE COMMITTED IN ONE ACTION, THE MOST NOTORIOUS IS THE CHARGE OF UNLAWFUL DISSEMINATION OF DATA
M SHOULD BE INSTALLED.
The verdict on the conviction of the accused for unlawfully giving or seizing the data was appealed by the defendant and the local Public prosecutor, and the file was examined and considered as necessary:
DECISION: According to the trial conducted, the evidence collected and shown at the place of decision, the opinion and discretion of the court formed in accordance with the results of the prosecution, the scope of the file examined, the rejection of the defendant’s and the local Public prosecutor’s other appeals,
but;
According to the scope of the file and the defendant’s confession, the defendant’s facebook “Get you a quality bitch name khadija +9053………” by sharing in the nature of the personal data of the participant in the form of spreading the mobile phone number due to the issuance of the TPC data held in the crime of unlawful possession or the item 136/1, insult to participate in due to the item held in 125/1 to have committed the offence of insult of the TPC, the defendant which causes the fault to occur with a verb multiple different penal code Article 44. in accordance with the article, it is necessary to be punished for the crime of illegally giving or receiving data that requires a more severe punishment, and for insulting it, it should be decided that there is no room for establishing a sentence, while the determination of excessive punishment against the defendant due to the establishment of a sentence for both crimes is contrary to the law,
Also according to acceptance and application;
1-) While an increase of 1/6 is made in accordance with Article 125/4 of the TCC about the accused, the result should be determined as 11 months and 20 days, while the determination of extra punishment about the accused should be determined as 12 months, contrary to the law,
2-) Article 53 of the Turkish Commercial Code on the accused. article 24.11.2015, published in the Official Gazette of the Constitutional Court dated 08.10.2015, based on 2014/140, 2015/85 There is an obligation to comply with the decision on the annulment of the decision no. 2015/140,
CONCLUSION: Since the appeals of the accused and the local Public prosecutor required to be overturned were deemed to be in place as of this moment, the provision was therefore made in accordance with Article 8 of Law No. 5320. article 321 of CMUK No. 1412, which is currently being implemented in accordance with Article. according to the article, it was unanimously decided on 23.10.2017 that the request be overturned in accordance with.
