Altun, Gülerdem Öçkoymaz
MetadataShow full item record
For socities continuation and regularity individuals? spiritual existences present importance at least as material existences human honour with other expression pride and self-respect has been subject of criminal law since very anciently.Crimes against honour has been codified in our 5237 numbered criminal code which is titled ?exclusive decisions? in second book in titled crimes against criminal code? second part of eighth chapter between 125th and 131st clauses. In codes?s 125th clause the person will be punished with from 3 months to 2 years prison sentences or judicial fine who imputes someone?s honour, pride and respectability with offended such as to concrete act and fact or who attacks by swearing someone?s honour, pride and respectability.Crime of insult shall be committed in the presence of wronged or in the absence of wronged. The important matter in the crimes of insult which commits in the presence crime will be deemed in case of using voiced, written and imaged tools. The matter in the crimes of insult which commits in the absence is condition of association shall be materialize with other expression for talking about insult in the absence pecpetrator shall be associate with at least three people.In the states which wronged?s name didn?t define, if intend of wronged is understood clearly crime of insult will be accepted as wronged?s name defined in code?s 126th clause.The law has given an oppurtunity to perpetrator to proof incase of matter constitute a crime which perpetrator imputed wronged in code?s 127th clause. With other expression if perpetrator proofs rightness of imputation whose subject is crime and wronged condemns because of this crime it shall not be given fine to perpetrator from crime of insult. At the same time insult to wronged is crime because of proofed act.The law has given an oppurtunity to perpetrator to proof in the way of imputations which their subject aren?t crime only when being public interests, wronged consent and court approve these.It shall not given punishment to perpetrator when its done verbal, written application, claim and defences in case of imputes concrete about individuals or appearing negative evaluation in judgment references and administrative offices. Perpetrator benefits immunity of claim and defence which is given an oppurtunity for converience of law reason with 128th clause in this state.It shall not given punishment to prepetrator or it shall given discount in crime in case of commits crime of insult as reaction to law act of injustice or commits mutually in 129th clause. However it shall not given fine to perpetrator in case of intentionally injury commits crime as reaction to law act of injustice.The person shall punished who insults in memory of deceased when associate with three people takes partly or completely corpse or osseouseses of death, acts which insult about osseouses in 130th clause.The punisment shall be increased in case of commit publicly crime to public servant because of duty in case of explain, change, spread religious, political, social, philosophical faith, ideas and convictions behave appropriate of commands and prohibitions being a member of religion or in case of commit with mention holy merits as being a member of religion.The crime of insult prosecuted is dependent upon condition of complaint except crime of insult which committed to public servant because of duty in code?s 131th clause. Wronged is able to recall the complaint in every stage until decision becomes absolute or is able assent with perpetrator. However if wronged die before complaint, law has entitled complaint to as wronged?s second degree ancestry and lower race with sponse and siblings.