27.01.2025 00:10
The 4th Criminal Chamber of the Court of Cassation ruled that the words "the woman who destroyed my friend's nest" fall within the scope of insult. However, the defendant was not punished on the grounds that the insult was directed against an unlawful act committed against him.
The Court of Cassation 4th Criminal Chamber made a striking decision.
"THE WOMAN WHO DESTROYED MY FRIEND'S HOME"
A person living in Izmir cut in front of another person waiting in line to buy simit and pushed them out of line. The person who lost their turn reacted by saying, "The woman who destroyed my friend's home."
A LAWSUIT WAS FILED FOR "INSULT"
Upon the complaint, a lawsuit was filed against the person who used the words "the woman who destroyed my friend's home" for the crime of "insult." The Izmir 37th Criminal Court of First Instance, which conducted the trial, accepted that the words used were within the scope of insult but ruled that the "act of insult was committed as a reaction to the unjust act against him," and decided that "there was no need for punishment" for the defendant.
THE CASE WENT TO APPEAL
The complainant appealed the ruling against the defendant and took the case to the Court of Cassation.
THE DECISION WAS UPHELD
The Court of Cassation 4th Criminal Chamber, which conducted the appeal review, decided that the local court's decision was in accordance with the law and upheld it unanimously. In the Court of Cassation's decision, which reminded that the insult was accepted to have been committed as a result of the unjust act, it was stated, "No illegality was seen in the court's evaluation and assessment of the evidence regarding the decision that there was no need for punishment for the defendant due to the understanding that the insult was committed as a reaction to the unjust act based on the defendant's defense, the complainant's statement, witness testimonies, and the entire case file."