Retweeting An Insulting Tweet Also Constitutes The Crime Of Insult

Retweeting An Insulting Tweet Also Constitutes The Crime Of Insult

Retweeting an insulting tweet on a social networking site also constitutes the offense of insult. This is because the elements of the offense of insult in a chain have been formed. You can examine the Sample Court of Cassation Decision.

18th Criminal Chamber

Main Number : 2015/10377

Decision Number: 2015/12777

“Case Law Text”

COURT :Criminal Court of Peace
CRIME : Insult
JUDGMENTS : Acquittal, conviction

The file was discussed according to the duration of the appeals, the nature of the decision and the date of the offense:
Since there were no reasons for rejecting the appeal requests, the merits of the case were discussed.
In the examination made according to the content of the minutes, documents and justification reflecting the hearing process in which the conscientious opinion was formed,
In view of the fact that the insulting words about the participants were posted from the defendant’s own twitter account and the defense of the defendant, which is not in accordance with the ordinary course of life, the opinion in the notification is not shared.
1- It has been determined as a result of the trial conducted in accordance with the law that the compulsory elements justifying the solution reached with the insulting act imputed to the defendant … and that this act was committed by the defendant, that all the evidence and the claims and defenses put forward at the stages have been fully and completely exhibited in a manner to enable the appellate control, that they have been discussed without changing their essence, that the conscientious opinion is based on certain, consistent and non-conflicting data,
The action is characterized correctly and fits the type of offense provided for in the Law,
Although it is understood that the act of insult was committed due to the duty of the participant …, who was the Governor of Adana at the time, although it was not considered that the application should be made according to Article 125/3-a of the TPC, no reversal can be made since there is no counter-appeal,
Since it is understood that the reasons put forward by the defendant … and the opinion in the notification are not deemed appropriate, the appeal is rejected on the merits and the verdict is upheld,
2- As for the appeal of the verdict against the accused …;
Other reasons are not deemed appropriate.

However;
In the face of the fact that the defendant retweeted the tweet shared by the other defendant on the social networking site called twitter, which was also fixed with his own admission, the defendant was acquitted instead of convicted, without considering that the crime of insulting a public official in a chain due to his duty was formed in terms of its elements,
Since it is contrary to the law, the reasons for the appeal of the attorneys of the participants … and … and the opinion in the notification are deemed appropriate, it was unanimously decided on 07/12/2015 that the verdict be reversed and the file be sent to the original/judgment court in order to continue and conclude the trial starting from the stage before the reversal.

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