COURT OF APPEALS
4th Criminal Chamber
Case No: 2010/24540
Decision No: 2010/21356
Defendant Serhat Erdal Kayık’s unprovoked swearing act, which occurred on March 1, 2005, the date of the crime, was a uniformed police officer traveling in his private vehicle, and he spit on the driver’s seat of the victim’s vehicle without cause. The investigation and prosecution of the defendant, in accordance with Article 125/1 of Turkish Penal Code No. 5237, was determined not to have arisen from the complainant’s duties and constituted the crime of insult based on complaint. Since the crime under investigation was found to be within the scope of conciliation due to the change in its legal nature, the requirement for conciliation to be conducted as stipulated in Articles 253 and 254 of Turkish Penal Code No. 5271 and to render a decision based on its outcome was disregarded.