T.C SUPREME COURT 4. CRIMINAL DEPARTMENT 2011/7577 Base, 2013/11425 Decision, Dated 15.4.2013
INSULT (By E-Mail – All the Information and Documents in the File will be Sent to the Head of the Turkish Communications Authority for the Detection of Messages)
THREAT (By E-Mail – In Order to Detect Messages, All Information and Documents in the File Must be Sent to the Head of the Turkish Communications Authority)
INSULTS AND THREATS BY E-MAIL (In Order to Detect Messages, All Information and Documents in the File Should be Sent to the Head of the Turkish Communication Agency – Who Will be Asked Who the E-Mail Addresses Used in the Crime Belong to)
PRESIDENCY OF THE TURKISH COMMUNICATION AGENCY (All Information and Documents in the File Should be Sent to the Presidency of the Turkish Communication Agency in Order to Detect Insults and Threats – Messages by E-Mail)
5237/m.106, 125
SUMMARY: to join mynet.com and yahoo.com forensic filed alleging that had insulted and threatened her by electronic mail; electronic mail addresses that are used in the crime and activating them that have been reported to the company for other messages that are sent to other addresses and electronic mail addresses in the File Dialog for the detection of all information and documents sent to the presidency of the Council of Turkey and the answers from those who use messages sent to another address, electronic mail addresses that are used in crimes by asking who belong to must be decided according to the results.
CASE: The provisions issued by the Local Court were appealed, but the duration of the application and the nature of the decision and the file were discussed according to the date of the crime:
VERDICT: Since there were no reasons for the rejection of the appeal request, the merits of the work were moved.
The minutes reflecting the trial process in which the conscientious opinion was formed were not found to be in place in the examination conducted according to the documents and the content of the justification. However, to participate with the IP address … “…@mynet.com”, “…@mynet.com”, “…@yahoo.com” and “…@yahoo.com.tr” in a case that alleged forensic insulted and threatened by electronic mail, electronic mail, the internet connection has been detected, the IP addresses and a telephone number; if the defendants, if they are the owner and user of electronic mail messages that did not send themselves in the face of the defense;
E-mail address credentials declared to the company that provides electronic mail services during the account creation e-mail addresses and IP addresses that are used when you created that are used for connection to the phone numbers, e-mail address to activate an e-mail address given to the company of the receipt of other electronic mail addresses, the IP addresses that uses these addresses and phone numbers link, used in crimes e-mail addresses and electronic mail addresses and activating them to the company for other messages that are sent to other addresses that have been reported for the detection of all information and documents in the File Dialog and sent to the presidency of the Council of Turkey answers from those who use messages sent to another address, electronic mail addresses that are used in crimes by asking who belong to should be decided according to the results, while the expert report is insufficient based on the review of the provisions with the establishment missing,
CONCLUSION: Since the reasons for the appeal of the deputy who violated the law and participated were considered on the spot, it was decided unanimously on 15.04.2013 that the PROVISIONS of the communique would be OVERTURNED by rejecting the approval thought, that the trial would be continued and concluded starting from the pre-trial stage, and that the file would be sent to the court of merits/judgment.
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