TO MINISTRY OF JUSTICE GENERAL DIRECTORATE OF CRIMINAL AFFAIRS
To be sent
TO ISTANBUL 23rd CRIMINAL COURT OF FIRST INSTANCE
FILE NUMBER :
BREAKING FOR THE BENEFIT OF THE LAW
DEFENDANT WHO REQUESTED:
ATTORNEY: Lawyer
D. SUBJECT: Antalya 23rd Criminal Court of First Instance …. basis,………. Decision no.
DESCRIPTIONS :
The client defendant A.T. As a result, with the decision number 2017/889 of the Antalya 23rd Criminal Court of First Instance, a final judicial fine of 2500 Türl Lira was sentenced. Although the court decision was unlawful, the client did not have the opportunity to apply to any legal remedy due to the final nature of the judicial fine.
The client defendant is an immoral and immoral doctor, who should not be surprised in a society that has a nasty nail on the subject, which was opened under the title of “Doctor Making fun of His Gay Patient” on the website called “Ekşisözlük”. He wrote a comment in the form of the dough of society, what are you going to do? The comment written by the client can be described as severe criticism at most. The client has no intent to insult.
The established jurisprudence of the Court of Cassation stipulates that in order for an act to constitute an insult, the behavior must be aimed at humiliating the addressee. The client’s aim is not to humiliate someone he has never met, but to criticize a doctor who makes fun of his patient’s sexual orientation. The comment made by the client is described as “heavy criticism” by the Supreme Court. As a matter of fact, the Supreme Court has determined general criteria to be applied for all defamation crimes:
“…The legal value protected by the punishment of insulting acts is the dignity, honor and dignity of individuals, and in order for this crime to occur, the behavior must be carried out to humiliate the person. Whether an act is offensive or not is in some cases relative and may vary with time, place and situation. All kinds of harsh criticism or offensive remarks directed at public officials or civilian citizens should not be evaluated in the context of insult, and the words should clearly constitute a concrete act or fact accusation or an act of cursing that may offend honor, honor and dignity.
According to the practice of the Court of Cassation, critical statements such as “immoral” or “immoral” do not constitute a crime of insult:
In the concrete case, it should be noted that the vulgar expression and harsh criticism used by the accused towards the participant, such as “disgraceful, disrespectful”, do not constitute the crime of insult as they do not offend the honor, honor and dignity of the participant (Court of Cassation 18th Penal Chamber – 2016/6745 decision).
When the accused, who came to pay his wife in the penitentiary institution, was not allowed to go to the prison with him because there was no visiting day, the complainant, who was in charge of the police station, was not allowed to enter the prison with him, because the prison is a deserted place where stray dogs roam and his 6-year-old child was afraid. Words in the form of “you are being rude”, which are accepted to be used with the purpose of criticism, do not offend the honor, honor and dignity of the complainant, but are in the nature of severe criticism, disturbing, rude and unkind behavior and the elements of the offense of insult do not occur (Court of Appeals 4th Criminal Chamber – Decision: 2014/32605).
CONCLUSION and REQUEST: As we have presented and explained above, we demanded an application to the Office of the Chief Public Prosecutor of the Court of Cassation for the reversal of the finalized conviction of the Antalya 23rd Criminal Court of First Instance, with the aim of overturning the judgment numbered ………. we do.08.08.2021
