- Criminal Chamber
Base Number: 2015/39470
Decision Number: 2017/9714
“Justice Text”
COURT: Assize Court
CRIME: Insult
JURISDICTION: Conviction
DECISION
The judgment rendered by the Local Court was appealed, and the file was discussed according to the duration of the application, the nature of the decision and the date of the crime:
Since there were no grounds for refusal of the appeal, 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;
The legal value protected by the punishment of the insult is the honor, honor and dignity of the people, and for this crime to occur, the behavior must be done to humiliate the person. Whether an act is offensive or not is in some cases relative and may vary with time, place and situation. All kinds of harsh criticism or offensive remarks directed at public officials or civilian citizens should not be evaluated in the context of insult, and the words should clearly constitute a concrete act or fact, accusation or act of cursing that may offend honor, honor and dignity.
On the other hand, it is accepted in the case-law of the ECtHR that officials who have been given certain administrative powers should be more tolerant of criticism of their words and actions. In an application regarding insulting statements made against public officials, the ECtHR examines whether the words in the application constitute a real danger of undermining the public’s confidence in the performance of that official.
In the concrete case subject to the trial; When the defendant’s lawyer did not start the hearing at the previously announced time, he shouted loudly, “If their tea is finished, I’ll tell you another tea”, referring to the complainant judge, and asking who said the word in question, “I told you, are you going to hold your hearing?” You don’t talk here, go in and do your hearing”, and the words “you go in, do your hearing, you talked to me like this in the previous hearing”, which he said after the complainant’s warning, are not in a way that offends the honor, honor and dignity of the complainant, and are offensive, rude and offensive. Deciding on the conviction of the accused instead of acquittal of this crime, regardless of the fact that it is an unkind manner of addressing, and therefore does not occur in terms of the elements of the crime of insult,
Since it is unlawful and the reasons for the appeal of the accused …’s defense counsel and the Public Prosecutor of that place are seen on the spot, it was unanimously decided on 27.09.2017 that the judgment be quashed in violation of the communiqué, and 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.
