T.C.
Supreme
- Criminal Division
Base No: 2017/14038
Decision No: 2018/1646
K. Date: 19.2.2018
Court :Criminal Court of First Instance
Crime : libel
Sentence : imprisonment
As necessary, discussed and considered:
In order for the crime of libel to occur, it is necessary to attribute an unlawful act to someone to ensure that an investigation and prosecution are initiated or an administrative sanction is imposed, although he knows that he did not commit it by notifying or complaining to the competent authorities, according to the scope of the file, the accused’s claims are based on some cases and his action is not in the form of a crime to those who know that he did not commit a crime, according to the Constitution 74. a constitutional petition guaranteed by the article…to exercise the right to complain, the fact that his claim against the victim to whom he is complaining cannot be proven, cannot be considered proof that the defendant has committed the crime of libel, rather than an acquittal of the crime of libel, which does not occur in the elements of jihad, to decide on his conviction in writing,
8/1 of law 5320 for this reason, since the appeals of the defendant’s defense were considered in place in this respect. CMUK No. 1412, which must be applied in accordance with article.nun 321. in accordance with the article, it was unanimously decided on the day OF 19.02.2018.
