Retweeting an insulting tweet on a social networking site also constitutes a crime of insult. Because the elements of the crime of insult have been formed in a chain way. You can review the sample Supreme Court Decision.
- Criminal Chamber
Base Number : 2015/10377
Decision Number: 2015/12777
“Justice Text”
COURT: Criminal Court of Peace
CRIME: Insult
PROVISIONS: Acquittal, conviction
The judgments given by the Local Court were appealed and the file was discussed according to the duration of the applications, the nature of the decision and the date of the crime:
Since there were no reasons for the rejection of the appeal requests, the matter was passed on.
In the examination made according to the minutes, documents and justification content reflecting the trial process in which the conscientious opinion was formed,
In the face of the fact that the insulting words about the participants were removed from the accused’s own twitter account and the defense of the accused, which did not comply with the ordinary course of life, the opinion in the communiqué was not shared.
1- It has been determined as a result of the hearing conducted in accordance with the Law that the necessary elements that justify the solution reached by the act of insulting the accused were justified and that this act was committed by the accused, that all the allegations and defenses put forward at the stages are exhibited in a way that ensures the audit of the appeal, and they are discussed without changing their substance, conscientiously is based on precise, consistent and non-contradictory data,
The act is qualified as correct and complies with the type of crime stipulated in the Law,
Although it was understood that the act of insult was carried out due to the duty of the participant, who was the Governor of Adana at the time, although it was not considered necessary to implement according to Article 125/3-a of the TCK, it could not be reversed because there was no counter-appeal,
As it is understood, the defendant … APPROVED THE JURISDICTION WITH THE ESSENTIAL REJECTION OF THE ACTION OF APPLICATION, due to the reasons put forward by the defense counsel, and the thought in the communiqué was not seen in place,
2- As for the appeal of the verdict established on the accused …;
Other reasons were not seen in situ.
However;
Given the fact that the accused retweeted the tweet shared by the other accused on the social networking site twitter, by his own confession, the acquittal of the accused instead of his conviction, regardless of the fact that the crime of insulting the public official due to his duty is caused by the elements of the crime,
It was unanimously decided on 07/12/2015 that the case be sent to the main/sentencing court to be continued and concluded, starting from the stage before the reversal of the proceedings, since it was unlawful, the reasons for the appeal of the attendees … and …’s attorney and the reasoning in the notification were deemed appropriate.
