Recording A Fight On Camera And Submitting It To The Investigation File Is Not A Crime
12th Criminal Chamber
Principal Number: 2017/5122
Decision Number: 2018/2516
“Case Law Text”
Court :Criminal Court of First Instance
Crime : Violation of privacy
Judgment : Acquittal
The judgment regarding the acquittal of the defendant for the offense of violation of the privacy of private life was appealed by the participant, the file was examined and the necessity was considered:
According to the scope of the file; In the incident where the defendant allegedly recorded the argument that occurred when the defendant came to the house of the participant, who is the father of his estranged wife, to see his children and presented it as evidence to the investigation file, there was no objection in the acceptance of the local court because the defendant, who did not claim that he shared the recorded images with third parties and/or reproduced and distributed them, did not act with the awareness of acting against the law in his action, which aimed to prove the participant’s action by ensuring the preservation of the evidence that was likely to be lost, while he was in a state that could not be proven in any other way due to the action directed against him.
At the end of the trial, since it has been accepted and appreciated by the court by showing the reasons that the act charged is not defined as a crime in the law, it was unanimously decided on 07.03.2018 to APPROVE the verdict of acquittal in accordance with the request, rejecting the appeals of the participant that the defendant should be punished.
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