4. Criminal Department 2019/4890 E. , 2021/27093 K.
“Text Of Jurisprudence”
COURT : Criminal Court of First Instance
CRIMES : Threats, insults
PROVISIONS : Conviction
APPELLANTS : Defendants
Decision
The provisions issued by the Local Court were appealed, but the duration of the application and the nature of the decision, as well as the file according to the date of the crime, were discussed:
Since there were no reasons for the refusal of the appeal request, the essence of the work was moved.
In the examination conducted according to the minutes, documents and justification content reflecting the trial process in which the conscientious opinion was formed:
A – a solution that is reached by the defendants actions taken their threat mandatory elements was committed by the defendants and the sword right that these actions are conducted in accordance with the law, with all the evidence that showed the results of the trial in stages to provide complete control and forth in the claims and defenses of the appeal of exhibited and discussed without changing the essence, blood, conscientious, precise, consistent and do not conflict where the data on which it is based,
That the actions are characterized as correct and comply with the type of crime provided for in the Law,
Article 62 of the Penal Code. the result is calculated penalty during the application of Article over the months because, as a result, a “2 years 1 month” instead of a prison sentence “ in 1 year 13 months” imprisonment is the punishment appointed by means of a reduction in missing work to also be subjected to destruction because it does not appeal against it,
Understood, the accused, and … ’S in the place alleged reasons being seen, tebligname in accordance with the substantive provisions of Appeal approved the rejection of,
B – the provisions established regarding the crime of insulting about when it comes to the Defendants appeal, has not been seen in other causes.
But;
1- The legal value protected by the punishment of insulting acts is the honor, honor and dignity of persons, and in order for this crime to occur, the behavior must occur 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 remarks directed at public officials or civilian citizens should not be evaluated in the context of a crime of insult, the words should clearly constitute a concrete verb or fact or insult that can offend honor, honor, and dignity.
Considering that the words ”you are trough”, which the defendants are considered to have said to the clients on the day of the incident, are not offensive to the honor, honor and dignity of the interlocutors and are offensive, rude and unkind in style of address, and therefore are not formed by the elements of the offense of defamation, the defendants’ conviction is decided instead of acquittal,
2- According to the acceptance as well,
a-) Although it is accepted that the defendants did not insult the clients due to their duties in the justification part of the provision, it caused a contradiction by establishing a provision in accordance with Article 125/3-a of the TCK in the paragraph of the provision,
b-) Article 62 of the Turkish Commercial Code. determination of incomplete punishment by imposing a sentence of ”12 months 15 days in prison“ instead of “1 year 15 days” due to the calculation of the resulting penalties over the month during the application of the article,
In violation of the law, the defendants, and … ’S tebligname seen in the reasons of Appeal, contrary to the provisions of CORRUPTION, re-provision of 326 cmuk while establishing No. 1412/to be equal to the last item, starting from the stage of the proceedings prior to the destruction resumed and concluded on the basis of the file to be/to be sent to the sentencing court, on 22/11/2021 it’s unanimous.
You can read our other articles and petition examples by clicking here