Hakaret - Yargıtay 4. Ceza Dairesi 2013/27485 Esas 2015/1683 Karar Sayılı İlamı
Esas No: 2013/27485
Karar No: 2015/1683
Karar Tarihi: 20.01.2015
Hakaret - Yargıtay 4. Ceza Dairesi 2013/27485 Esas 2015/1683 Karar Sayılı İlamı
Özet:
An individual was convicted of the crime of insult and was given a prison sentence, along with a fine. The convicted individual appealed the decision, arguing that the punishment was not appropriate considering their lack of prior criminal history, and that the damages caused were not substantial. The 4th Criminal Chamber reviewed the case and found that the punishment was not appropriate. The judges noted that the Criminal Code's Article 125 permits the option of a fine instead of a prison sentence, which was not considered in the original ruling. Additionally, the Chamber found that, in cases where there is no clear and substantial material damage, a court can consider whether the offender is likely to commit the same offense again when deciding on a sentence. The case was sent back to the lower court for retrial.The Criminal Code's Article 231/5 states that in cases where a criminal has not caused substantial financial damage, the offender can be given a reduced sentence or punished in a way that doesn't involve prison time. Article 231/6-c defines \"damage,\" in the context of criminal law, as a concrete and quantifiable loss that can be identified with minimal research.
