luma is a rude and immoral doctor, which is no wonder. The pulp of society has written a comment saying,” This is what you’re going to do. The comment written by my client can be qualified as the most severe criticism. November client has no intention of insulting.
The established case law of the Supreme Court stipulates that in order for an act to constitute an insult, the behavior should be aimed at humiliating the addressee. The client’s goal is not to humiliate anyone he has never met, but to criticize a doctor who mocks his patient’s sexual orientation. The client’s comments are described as “severe criticism” by the Supreme Court. As a matter of fact, the Supreme Court has established general criteria for implementation in terms of all defamation crimes:
“…The legal value protected by the punishment of acts of insult is the honor, honor and dignity of people, and in order for this crime to occur, the behavior must take place in order to humiliate the person. In some cases, whether a movement is reinforcing or not is relative and may vary depending on time, place and situation. Any heavy criticism or offensive words directed at public officials or civil citizens should not be considered in the context of an insult crime, the words should clearly constitute a concrete verb or fact of accusation or verb of scolding that may offend honor, honor and dignity…”
According to the application of the Supreme Court, words intended for criticism in the form of “indecent”, “immoral” do not constitute a crime of defamation:
It should be noted that the words used by the accused in the form of “rude, disrespectful”, rude expression and severe criticism directed at the participant in the concrete incident will not constitute a crime of defamation because they are not offensive to the honor, honor and dignity of the participant (Supreme Court 18. The Criminal Chamber-decision 2016/6745).
Due to the fact that the prison environment is a deserted place where empty dogs roam and the 6-year-old child is afraid, the words in the form of “you are being rude”, which are considered to be a criticism of the injustice that he thinks has been done to him, are not hurtful to the honor, honor and dignity of the inmate, but are heavy criticism, uncomfortable the following, it is considered that it is of the nature of rude and unkind behavior and that the elements of the offense of defamation are not formed (Supreme Court 4. Criminal Department-Decision: 2014/32605).
CONCLUSION AND REQUEST : Antalya 23, which is clearly contrary to the law, as we have presented and explained above. The Court of First Instance………………., ………… we request that the Prosecutor General’s Office of the Supreme Court be contacted with a request for a violation in the interests of the law in order to overturn the final conviction provision No. 1.08.08.2021
The Defendant is a Lawyer