MINISTRY OF JUSTICE GENERAL DIRECTORATE OF CRIMINAL AFFAIRS
To Be Sent To
ISTANBUL 23. TO THE CRIMINAL COURT OF FIRST INSTANCE
FILE NO: …….. mainly……decision
BREAKING THE LAW FOR THE BENEFIT OF
THE DEFENDANT WHO REQUESTED : A.T.
DEPUTY : Av
D.SUBJECT : Antalya 23. Criminal Court …. base,………. the decision is a request to apply to the Public Prosecutor’s Office of the Supreme Court with a request that the final conviction decision be overturned in the interests of the law.
INSTRUCTIONS :
Client defendant A.T. about Antalya 23. As a result of the Criminal Court of First Instance’s decision number of 2017/889, a judicial fine of a definite nature of TL 2500 was imposed. Despite the fact that the court decision was unlawful, due to the fact that the judicial fine was of a definite nature, the client did not have the opportunity to resort to any legal means.
The accused client is a rude and immoral doctor who should not be surprised in a society that has been nailed from a to z on a topic that has been opened on the site called ”ekşisözlük“ under the heading ”Doctor Who Mocks His Gay Patient“. ”This is what you’re going to do,” he wrote in a comment. The comment written by the client can be characterized as the most severe criticism. The client does not mean insult november
The established case law of the Supreme Court stipulates that in order for an act to constitute an insult, the conduct must be aimed at humiliating its interlocutor. The client’s goal is not to humiliate someone he never knew, but to criticize a doctor who mocks his patient’s sexual orientation. The client’s comment is described as a “severe criticism” by the Supreme Court. As a matter of fact, the Supreme Court has established general criteria to be applied in terms of all defamation crimes:
“…The legal value protected by the punishment of insulting acts is the honor, dignity and dignity of persons, 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 arbitration or not is relative and may vary depending on the time, place and situation. Any severe criticism or offensive words directed at public officials or civilian citizens should not be considered in the context of a crime of insult, the words should clearly constitute a concrete verb or fact that can offend honor, honor and dignity, or a verb to insult …”
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 taken into account that the words of rude expression and severe criticism in the form of “rude, disrespectful” that the defendant used against the participant in a concrete incident will not constitute a crime of defamation due to the fact that they are not offensive to the honor, honor and dignity of the participant (Supreme Court 18. Criminal Department – decision of 2016/6745).
Incoming Penitentiary institutions to deposit money to his wife, the defendant, on the day of the visit, because it is not the child upon being refused entry to the prison with him, unsupervised and 6-year-old child of the prison environment be a lonely place because of the fear of dogs, they’re just made of himself in charge of the checkpoint saying he thought the complainant for the purposes of unfair criticism accepted, “you’re being disrespectful” in the form of the words, the dignity of the complainant, the size is not insulting the honor and dignity, but heavy criticism disturbing, since it is of a rude and unkind nature, and the elements of the offense of defamation are not formed (Supreme Court 4. Criminal Department – Decision: 2014/32605).
CONCLUSION and PROMPT: As we have explained above, Antalya 23, which is clearly contrary to the law. The Criminal Court of First Instance, ………… we request that the Public Prosecutor’s Office of the Supreme Court be contacted with a request to overturn the decision for the benefit of the law in order to overturn the final conviction provision.08.08.2021
Defense Counsel for the Accused