The Defendant Committed The Crime In Article 136/1 Of The Turkish Penal Code By Spreading The Participant’s Cell Phone Number On Facebook
Summary The defendant committed the crime of unlawfully giving or obtaining data regulated under Article 136/1 of the TCC due to the fact that the defendant shared the mobile phone number of the participant, which is personal data, by posting on Facebook as “Here’s a quality o…… name hatice……….”, and the crime of insulting the participant under Article 125/1 of the TCC due to insulting the participant. In accordance with Article 44 of the TCC, the defendant, who has caused the occurrence of more than one different crime with one act, should be sentenced for the crime of unlawfully giving or obtaining data that requires a heavier punishment, and it should be decided that there is no need to establish a verdict for the crime of insult.
T.C. Court of Cassation 12th Criminal Chamber E: 2018/5543 K: 2018/11032 K.T.: 21.11.2018
Court :Criminal Court of First Instance
Offenses : Unlawful giving or obtaining of data, Defamation
Sentence : Conviction in accordance with Articles 136/1, 58/7, 53, 125/2-1-4, 58/7, 53 of the TPC
The decision of Edirne 4th Criminal Court of First Instance dated 19/04/2018 and numbered 2017/1022 – 2018/369 was appealed by the defendant, and the file was examined and considered in accordance with paragraph 3 of Article 307 of the Code of Criminal Procedure amended by Article 36 of Law No. 6763:
According to the decision of our Chamber dated 23.10.2017 and numbered 2016/10893 – 2017/7762, “According to the scope of the file and the defendant’s defense including the defendant’s confession; the defendant shared on facebook as ‘Here’s a quality o…… name hatice……….’ and spread the mobile phone number of the participant, which is personal data, due to the dissemination of the participant’s mobile phone number, which is personal data, Article 136/1 of the Turkish Penal Code. article of the TCC, and the defendant committed the crime of insulting the participant, which is regulated under Article 125/1 of the TCC, and the defendant, who caused more than one different crime to occur with one act, should be sentenced for the crime of unlawfully giving or obtaining data, which requires a heavier punishment, in accordance with Article 44 of the TCC, and it should be decided not to establish a verdict for the crime of insult. article of the TCC, the defendant, who caused the occurrence of more than one different offense with his act, should be sentenced for the offense of illegally giving or seizing data that requires a heavier penalty, and it should be decided that there is no need to establish a verdict for the offense of insult, while it should be decided that there is no need to establish a verdict for the offense of insult, since it is in accordance with the procedure and law in terms of the result of the reason for reversal in the form of “it is contrary to the law”, it was decided unanimously on 21.11.2018 that there is no need to change the decision, in accordance with Article 307/3 of the Code of Criminal Procedure, the file was referred to the Chief Public Prosecutor of the Court of Cassation to be sent to the Presidency of the Criminal General Assembly of the Court of Cassation for examination.