Slander Decisions Of The Court Of Cassation
T.C.
Supreme Court
8th Criminal Chamber
Esas No :2017/14038
Decision No :2018/1646
K. Date :19.2.2018
COURT :Criminal Court of First Instance
CRIME : Slander
CONVICTION : Conviction
The matter has been discussed and considered:
In order for the crime of slander to occur, an unlawful act must be attributed 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 a crime by making a report or complaint to the competent authorities, according to the scope of the file, the defendant’s allegations are based on some cases and his action is not in the form of accusing those who he knows have not committed a crime, but in the nature of using the constitutional right to petition…which is guaranteed by Article 74 of the Constitution. Article 74 of the Constitution, that the failure to prove the allegation against the victim of whom he complained cannot be considered as evidence that the defendant committed the crime of slander, and that the defendant was convicted in a written manner instead of being acquitted of the crime of slander, which did not occur in terms of its elements,
Since it required to be spoiled and the objections of the defendant’s defense counsel were deemed appropriate in this respect, it was unanimously decided on 19.02.2018 to VACATE the verdict 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.