T.C.
Supreme
- Criminal Division
Base No: 2018/7291
Decision No: 2018/10165
K. Date: 2.10.2018
Court : Criminal Court of First Instance
Crime : libel
Verdict: acquittal
As necessary, discussed and considered:
In order for the crime of libel to occur, it is necessary to attribute an illegal act to someone to ensure that an investigation and prosecution is initiated or an administrative sanction is imposed, even though he knows that he did not commit it by notifying or complaining to the competent authorities, in a concrete case; the defendant animosity between them, which is the complainant, without the certificate working in the intensive care unit intensive care, patients are consciously separated by complainant of life support, reached him, and in the watches of the complainant that the complaint has been EKS arrrest to file a complaint with Bimer with a lot of cases, the preliminary review by the hospital administration as a result of unfounded allegations about participating, in the face of determining that it is based on personal animosity, the defendant is acquitted on Written grounds, rather than a conviction for libel, consisting of subuta eren and its elements,
Contrary to the law, the appeals of the participating deputy were considered in place in this respect, so the provision is 8/1 of law 5320. CMUK No. 1412, which must be applied in accordance with article.nun 321. it was unanimously decided on 02.10.2018.
