Spitting Is Considered Insult

SUPREME COURT

  1. Criminal Chamber

Base Number : 2010/24540

Decision No: 2010/21356

On 01.03.2005, the crime date of the accused Serhat Erdal Kayık, the act of cursing, in the form of spitting in the driver’s seat of the attendant, who was a uniformed police officer, who was going with his private vehicle, was not caused by the complainant’s duty, as per Article 125/1 of the TCK number 5237. In the face of the understanding that the investigation and prosecution in accordance with the article constitutes the crime of insult due to complaint; Since it is understood that the crime subject to prosecution is within the scope of reconciliation due to the change in its legal nature, SR No. 5271. Failure to observe that the mediation application should be made as stipulated in Articles 253 and 254 of the Turkish Law No.

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