DoctorateOpen Access

The crime of slander

2024
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Advisor: Prof. Dr. Mustafa Avcı

Abstract (EN)

The subject of our study is "the crime of slander." Information regarding this type of crime has been addressed along with its historical process and ultimately explained in the context of the Turkish Penal Code No. 5237. In our study, by considering theoretical discussions and Supreme Court decisions, we aim to contribute to the science of criminal law by adding our personal opinions on issues encountered in this type of crime. Essentially, our study consists of three main sections. In the first section, the historical roots of the crime of slander, particularly it's existence in Turkish law before Islam are discussed. Additionally, by examining the legal systems of other countries, it is explained whether this type of crime is universal and whether it is sanctioned in other legal systems. Furthermore, Islamic law is considered in a comparative legal context, and a brief evaluation of how Islamic law addresses the crime of slander is provided. At the end of the section, the crime type "kazif," which pertains to "accusation of adultery and denial of lineage," is examined to determine whether it has a counterpart in the current legal system, along with the reasons fort this. In the second section of our study, the legal value protected by the crime of slander in the context of Turkish Criminal Law is discussed, and the elements of the crime and the situations of legal compliance that are important in terms of the crime of slander are addressed. Furthermore, the reasons and consequences that aggrevate the penalty for the crime of slander and the institution of joinder, particularly within the scope of special forms of apperance of the crime. In the same section discusses the legislator's approach to gradually rewarding the perpetrator with commutation of sentence in cases when the act of slander is recoursed. In the last section, the issue of "announcement of the judgment," which we consider to be an execution institution regulated by the legislator fort the crime of slander committed through the press and publication is explained. The same section examines whether individulas convicted of the crime of slander experience any direct or indirect effctes of their conviction. Also, the crime of slander is compared with some other types of crimes, explaining the similarities and differences. Keywords: Defamation, Judiciary, Legal İnterest, Denunciation, Complaint, Decision of No Jurisdiction the Initiate Proceedings, Publication of Judgment, Impact of Conviction, Testimony, Exoneration, Accusation of Adultery, "Kazif Crime", Press and Media, Freedom of Expression, Defense Immunity.

Author

Dr. Erhan Koyuncu

How to Cite

Erhan Koyuncu (Doctorate thesis). The crime of slander, 2024, Ankara Social Science University.

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