214 Of TCK. article 1 of the article, although the relevant offense is regulated in the article. in the paragraph “Public incitement to commit a crime”, 2. in the paragraph, the verbs ”inciting the people to kill each other” are punished.
In this crime, if the crime that constitutes the subject of the drive has not been committed, it is not punished by considering the preparatory movement of the drive movement as a preparatory movement. However, if there is a public drive, contrary to this general rule, it has been regulated that the driver should be punished in the event that such a drive does not lead to a result. The reason is the threat that the act will pose to public reconciliation.
In the words of the law, there is talk of incitement to commit a crime. Here, the Motive is to reveal or strengthen one’s impulses towards crime with a movement that will affect a person, or to encourage others to commit certain acts by destroying or weakening thoughts that prohibit or prevent it.
In this crime, the means used in the drive are not important, it is enough that the means are suitable for the drive. Arousal can be realized through means such as words, writing, radio, television, cinema, theater.The drive can also be related to the future and the current period, and it can even be conditional.
TCK md 214/1, where the law regulates the relevant crime, states that the drive must be public. In the regulation, he punished the state of public incitement in terms of public peace, even if the incitement did not give actual results, because it seemed dangerous.
As such, it is not necessary that the act of incitement was committed in public or public places. The fact that the public drive here is carried out in front of many people is enough for the crime to occur.
In addition, the subject of the Drive must be a crime, which does not matter the law in which the crime takes place, nor is it wanted to be a crime that needs to be investigated or prosecuted if necessary.
214, the phrase “crime” in the article does not cover the commission of an administrative offense in a public state of incitement, but regulates the state of incitement related to judicial crimes.
It does not matter whether the crime committed by the driver has been committed or not, a public provocation is sufficient to complete the crime. However, if the crime that constitutes the subject of the drive has been committed or the stage of attempted execution of this crime has been passed, the driver is punished as a person who committed this crime. (TCK, m,214, f,3).
On the other hand, incitement to commit a crime is a deliberate crime, and it is sufficient that the crime is committed with the General caste in terms of the spiritual element.
In this criminal aspect, the caste is to have the will to incite the commission of that crime with the awareness of ensuring that a particular crime is committed by others.
In addition, if the act of Incitement is committed in the relevant article through the “press and publication”, the punishment is aggravated. (TCK, m,218)
