11.10.2025 14:10
In Muğla, a person recorded their spouse, who was in the process of divorce, and another individual while they were getting out of a vehicle. In the lawsuit filed upon complaint, the husband was sentenced to prison for the crime of "violation of privacy." The Court of Cassation overturned the decision on the grounds that the defendant had recorded the footage "to obtain evidence."
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The 12th Criminal Chamber of the Court of Cassation upheld the acquittal decision regarding the defendant who recorded images of his spouse and the person next to her to prove that he was deceived.
A person living in Muğla saw his spouse getting into a car with an unknown person during the night while they were in the process of divorce. The husband, who started to follow them in his own car, recorded his wife and the person next to her with his mobile phone camera as they got out of the vehicle. Following a complaint, a case was opened against the husband for the crime of "violation of privacy." In the trial held at the Muğla 1st Criminal Court of First Instance, the defendant, who made a defense, claimed that he recorded the footage because he suspected he was being deceived. The court found the defendant guilty and sentenced him to 2 years and 1 month in prison for the crime of "violation of privacy."
DECISION OVERTURNED
Upon the appeal of the decision, the İzmir Regional Court of Appeal 19th Criminal Chamber overturned the local court's decision and issued an acquittal for the defendant. The ruling indicated that there was a statement from the defendant regarding obtaining evidence through the recorded footage, and it was noted that there was no evidence that the said images were disclosed or reproduced and distributed.
STRESSED THAT IT WAS RECORDED IN A PUBLIC PLACE
The ruling stated that the images of the victim and the other person were recorded in a public place for the purpose of obtaining evidence, and it was expressed that the elements of the crime of "violation of privacy" were not present.
The 12th Criminal Chamber of the Court of Cassation, which conducted the appeal review, also upheld the acquittal decision regarding the defendant, finding it in accordance with the law.
In the chamber's decision, it was emphasized that the proceedings during the trial were conducted in accordance with the procedure and the law, and that the claims and defenses were presented and discussed in the reasoned decision along with all the collected evidence, highlighting that no legal violation was seen in the acquittal decision regarding the defendant.
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