{"id":5970,"date":"2021-07-16T09:00:00","date_gmt":"2021-07-16T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=5970"},"modified":"2021-07-16T16:55:06","modified_gmt":"2021-07-16T13:55:06","slug":"dini-degerleri-asagilama-sucu","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/dini-degerleri-asagilama-sucu\/","title":{"rendered":"The Crime of Insulting Religious Values"},"content":{"rendered":"
\"Dini
The Crime of Insulting Religious Values<\/figcaption><\/figure><\/div>\n\n\n\n

Crime of Insulting Religious Values | Izmir Criminal Lawyer<\/strong><\/p>\n\n\n\n

1. What is the crime of insulting religious values?<\/strong><\/h2>\n\n\n\n

Inciting hatred and hostility or humiliation against the public<\/em> titled Turkish Penal Code<\/a> Pursuant to Article 216:<\/em><\/p>\n\n\n\n

\u201cArticle 216- <\/strong>(1) Anyone who publicly incites hatred and hostility against a section of the public with different characteristics in terms of social class, race, religion, sect or region, and thereby creates a clear and imminent danger to public security, shall be punished with imprisonment from one to three years.<\/p>\n\n\n\n

(2) A person who publicly humiliates a section of the public based on social class, race, religion, sect, gender or regional differences shall be punished with imprisonment from six months to one year.<\/p>\n\n\n\n

(3) Halk\u0131n bir kesiminin benimsedi\u011fi dini de\u011ferleri alenen a\u015fa\u011f\u0131layan ki\u015fi, fiilin kamu bar\u0131\u015f\u0131n\u0131 bozmaya elveri\u015fli olmas\u0131 halinde, alt\u0131 aydan bir y\u0131la kadar hapis cezas\u0131 ile cezaland\u0131r\u0131l\u0131r.” h\u00fck\u00fcmleri yer almaktad\u0131r.<\/p>\n\n\n\n

2. How to File a Complaint?<\/strong><\/h2>\n\n\n\n

In accordance with the aforementioned law, if you encounter websites containing attacks on national and moral values, or insults and attacks based on social class, race, religion, sect, gender, or regional differences, you can report these websites through the police hotline, or you can report the situation in writing or verbally to the nearest law enforcement unit or prosecutor's office.<\/p>\n\n\n\n

3. How does it form?<\/strong><\/h2>\n\n\n\n

T\u00fcrkiye\u2019de yarg\u0131ya y\u00f6nelik siyasi m\u00fcdahaleler ve siyasi iktidarlar\u0131n yarg\u0131 eliyle muhalefeti bask\u0131lamak ve toplumsal hakimiyetini g\u00fc\u00e7lendirme \u00e7abalar\u0131 maalesef yeni de\u011fil. Ancak son y\u0131llarda bu t\u00fcr m\u00fcdahalelerde giderek artan, daha \u00f6nce g\u00f6r\u00fclmemi\u015f boyutta bir art\u0131\u015f ya\u015fand\u0131\u011f\u0131,  siyasi muhalefeti sindirmek i\u00e7in kullan\u0131lan bir ara\u00e7 haline d\u00f6n\u00fc\u015ft\u00fc\u011f\u00fc de yads\u0131namaz bir ger\u00e7ek olarak kar\u015f\u0131m\u0131za \u00e7\u0131kmakta. Burada dikkat edilmesi gereken ayr\u0131m, dini de\u011ferleri a\u015fa\u011f\u0131lama su\u00e7u oldu\u011fu d\u00fc\u015f\u00fcn\u00fclen eylemin ifade \u00f6zg\u00fcrl\u00fc\u011f\u00fc ve ele\u015ftiri hakk\u0131 kapsam\u0131nda olup olmad\u0131\u011f\u0131 noktas\u0131d\u0131r. Zira, herkes istedi\u011fi dine inanmak veya inanmamakta serbesttir. Bu serbesti, bir ba\u015fka inanc\u0131 a\u015fa\u011f\u0131lamak veya o inanca tabii ki\u015fileri a\u015fa\u011f\u0131lamak eylemlerini olu\u015fturuyorsa kar\u015f\u0131m\u0131za su\u00e7 olarak \u00e7\u0131kmaktad\u0131r. \u00d6rne\u011fin, sosyal medyada fazlaca takip\u00e7isi olan bir ki\u015finin bir dinle alakal\u0131 yaz\u0131y\u0131 payla\u015farak ‘‘ aptallar buna inan\u0131yor musunuz ger\u00e7ekten? ”<\/em> It is possible to say that by sharing a post like this, the person is insulting those who believe in that religion and inciting hatred and animosity among the masses. However, within the limits of criticism, sharing or liking a post that the person believes to be incorrect is not considered a crime. This is because it cannot be argued that the person is trying to belittle religious values. Therefore, the distinction between freedom of expression and crime must be carefully considered.<\/p>\n\n\n\n

4. What are the elements of a crime?<\/strong><\/h2>\n\n\n\n

Son y\u0131llarda bu kapsamda a\u00e7\u0131lan \u00e7ok say\u0131da dava incelendi\u011finde belli yasa maddelerinin \u00f6zellikle \u00f6n plana \u00e7\u0131kt\u0131\u011f\u0131 g\u00f6r\u00fclmekte.  \u201cCumhurba\u015fkan\u0131na hakaret\u201d su\u00e7unu d\u00fczenleyen T\u00fcrk Ceza Kanunu\u2019nun (TCK) 299. maddesi, \u201c\u00f6rg\u00fct \u00fcyeli\u011fi\u201d su\u00e7unu d\u00fczenleyen TCK 314. maddesi ve \u201c\u00f6rg\u00fct propagandas\u0131\u201d su\u00e7unu d\u00fczenleyen Ter\u00f6rle M\u00fccadele Kanunu\u2019nun (TMK) 7. maddesi bu kapsamda ilk akla gelen maddelerden. \u00d6zellikle son y\u0131llarda bu listeye yeni bir maddenin daha eklendi\u011fini g\u00f6zlemliyoruz: \u201cHalk\u0131 kin ve d\u00fc\u015fmanl\u0131\u011fa tahrik ve a\u015fa\u011f\u0131lama\u201d su\u00e7unu d\u00fczenleyen TCK 216. maddesi.<\/p>\n\n\n\n

As understood from the text of the article, three types of crimes are regulated. The first paragraph defines a crime type as "inciting hatred and hostility among the public," while the second and third paragraphs include crime types such as "insulting a segment of the public" and "insulting the religious values adopted by a segment of the public." Each of the crimes regulated in the paragraphs has different elements. However, it is understood that the aim of all three crime types is to protect public peace. Briefly, to explain the elements of these crimes; For the crime of "inciting hatred and hostility among the public" in the first paragraph, it is necessary for the perpetrator to have the intention of "inciting." For the crime to occur, this incitement must "create a clear and present danger to public security." Similarly, it can be said that the aim of the crime defined in the second paragraph is to protect public peace. With this type of crime, it is intended to prevent one segment of the public from harboring hatred and hostility towards another segment. Thus, the aim is to protect public peace. The third paragraph also stipulates that for the crime of insulting religious values to occur, it must be likely to disrupt public peace.<\/p>\n\n\n\n

5. Is an arrest possible?<\/strong><\/h2>\n\n\n\n

Arrest warrants cannot be issued for the crime of insulting religious values. In this type of crime, arrest is prohibited based on the penalties imposed for offenses other than those mentioned in the first paragraph. According to Article 100\/4 of the Code of Criminal Procedure, arrest warrants cannot be issued for crimes where the maximum prison sentence does not exceed two years. Furthermore, the first paragraph of the same article states that an arrest warrant cannot be issued if the seriousness of the matter is not proportionate to the expected punishment or security measure. Therefore, issuing arrest warrants for this type of crime, excluding those defined in the first paragraph, is against the law. This proportionality must be based on the level of danger demonstrated by concrete facts. This level must be very intense and clear. It is clear that arrest warrants issued based on this accusation are currently against the law.<\/p>\n\n\n\n

6. Should I Hire a Lawyer?<\/strong><\/h2>\n\n\n\n

It is an undeniable truth of human experience that freedom of expression outweighs the protection of public order; and that intervention in freedom of expression is only permissible if it is demonstrated with concrete facts that public peace is being disturbed, and only if it is necessary to protect public peace and is deemed necessary in a democratic society.<\/p>\n\n\n\n

 Unfortunately, in cases of insulting religious values, defenses made without a lawyer often cite individual circumstances and invoke effective repentance. However, legal training provides the knowledge and experience to present relevant legal articles, precedents, and similar cases to the court for defense. Therefore, the necessity of having a lawyer is evident. It is clear that simply describing the event individually, from the limits of freedom of expression to the evidence that needs to be examined, will be insufficient. The case has already been reported to the judicial authorities, and the trial has begun. What needs to be done is to prepare a detailed defense, focusing precisely on the charges in the indictment. Furthermore, it would be in your best interest to hire a lawyer before the trial begins, when you are summoned to give your statement, and conduct the statement process together with them.<\/p>\n\n\n\n

For legal advice on this matter, please contact our expert team. Contact<\/span> <\/a>page.<\/p>\n\n\n\n

Other works that may be of interest to you;<\/p>\n\n\n\n

\n
\n