The Message to Those Who Do Not Pay Their Debts Is in the Form of Curling Like a Belly Dancer – Supreme Court Decision

4.Criminal Department 2013/1460 E. , 2014/9900 K.

“text of jurisprudence”

Date of Notification : 2 – 2011/236560

COURT : Ankara 10. Magistrates ‘ Court

DATE : 26/04/2011

NUMBER : 2009/468(E) and 2011/490(K)

OFFENSE : Insult

The verdict issued by the Local Court was appealed, but according to the duration of the application and the nature of the decision, as well as the date of the crime, the file was discussed:

Since there were no reasons for the refusal of the appeal request, the essence of the work was moved.
In the examination conducted according to the minutes, documents and justification content reflecting the trial process in which conscientious opinion was formed, no other reasons were found to be in place.

But,

1-the defendant who owed him a while after the call by saying that he would pay his debt to the complainant oyaladik come from out of town on the complainant to be present at the time and place of the meeting and angry and not taken with a mobile phone “pay enough twisting like a belly dancer” in a format the message content, the complainant said the defendant in response to harsh criticism and insult the stall does not constitute the crime of disregarding be in the nature of non-statutory establishment of justification with the provision of conviction,

2-According to the acceptance as well

a) In the face of the defendant’s defense that although he came from out of the city to meet with the complainant who owed him money, the complainant did not come to the meeting place nor did he pay his debt, focusing on the defense of 129 of the Turkish Commercial Code. non-discussion of whether to apply the article,

b) In the face of the fact that the defendant has no criminal record, there is no tangible material damage that must be eliminated in the offense of defamation, and moral damage does not constitute an obstacle to the implementation of the revocation of the disclosure of the provision, CMK 231/6. failure to make a decision on the withdrawal of disclosure of the provision by examining the conditions in the article,
It’s against the law, and the defendant is M.. O..since the reasons for the appeal were considered on the spot, it was unanimously decided on 31/03/2014 that the DECISION should be OVERTURNED by rejecting the approval thought in the communique, the file should be sent to the court of main/sentencing to continue and conclude the trial starting from the pre-trial stage.

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