A person who shared on Facebook applied to the Office of the Chief Public Prosecutor after a comment made to his side containing the words ‘stateless, bloodless dishonest, jester’. When the prosecutor’s office gave a decision of non-prosecution about the file and the objection of the person was rejected, the file was moved to the Court of Cassation and an exemplary decision was signed.
A person who commented on a person sharing on Facebook, a US-based social media giant, using the expressions ‘stateless, bloodless dishonest, jester’, upon complaint He testified at the Public Prosecutor’s Office.
When the prosecutor’s office, which examined the incident, decided not to prosecute the person accused of ‘insult’, stating that ‘there is no place for prosecution’, the complainant objected to the decision of the prosecutor’s office through the Criminal Judgeship of Peace, citing that he was insulted. While the judgeship decides to reject the objection, the Chief Public Prosecutor’s Office of the Supreme Court of Appeals demanded that the decision be overturned in favor of the law.
‘It is clear that there is sufficient suspicion for an indictment to be issued’
Examining the case file, in which the Supreme Court pointed out that the word ‘clown’ was used for insulting purposes, the 18th Penal Chamber of the Court of Cassation included the following statements in its decision: In the examined file, the suspect’s name and surname are written on his facebook account. It is obvious that the tweet of the complainant was shared and commented under it. It is clear that the available evidence in the file creates sufficient suspicion for the suspect to be charged with the crime of defamation. Whether the suspect’s action is confirmed or not should be determined as a result of the discussion and evaluation of all the evidence together by the court.
According to the statements made, the decision regarding the decision not to prosecute the suspect and the rejection of the objection made as a result of the objection to this decision. court decision is unlawful. Since the opinion in the communiqué issued by the Chief Public Prosecutor’s Office of the Court of Cassation in line with the request for reversal in the interest of the law, was deemed appropriate, it was unanimously decided to reverse the decision of the 1st Criminal Judgeship of Peace.
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Source :
https://www.ntv.com.tr/teknoloji/facebookta-soytari-paylasimi-hakaret-sayildi,DR98yvkoZk6pku23JEaWLw