Slander Supreme Court Decision
T.C.
Supreme Court
8th Criminal Chamber
Esas No :2018/7291
Decision No :2018/10165
K. Date :2.10.2018
COURT : Criminal Court of First Instance
CRIME : Slander
ANSWER : Acquittal
The matter has been discussed and considered:
In order for the crime of slander to occur; it is necessary to attribute an unlawful act to a person in order to ensure that an investigation and prosecution is initiated or an administrative sanction is imposed on him, even though he knows that he has not committed it by reporting or complaining to the competent authorities, in the concrete case; Upon the defendant’s complaint to BIMER with the complaint petition that the complainant, with whom the defendant had enmity, worked in the intensive care unit without having an intensive care certificate, that he was informed that the patients were deliberately separated from the life support unit by the complainant, that there were many cases of arrest and exceptions during the complainant’s shifts, the defendant filed a complaint against the participant…. As a result of the preliminary examination carried out by the hospital administration, it was determined that the allegations were unfounded and based on personal animosity, and the defendant was acquitted on written grounds instead of being convicted of the crime of slander, which has been established and constituted in terms of its elements,
Since it is contrary to the law and the objections of the participant’s attorney on appeal are deemed appropriate in this respect, it was unanimously decided on 02.10.2018 to VACATE the judgment in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be applied in accordance with Article 8/1 of the Law No. 5320 for this reason.