Abstract:

In the Turkish Criminal Law, the basic article relating to the offence of harassment is TCK m. The lawmaker has provided that the offence in peace and humiliation is punished in the same way as the offence in the relevant article. The legal nature of the dispute condition necessary for insult in the form of the act of harassment should be discussed. The difference that arises between the fact that the element of conflict is seen within the scope of the intention and the condition of objective punishment is directly affecting the punishability of the criminal. It is, therefore, a legal obligation to correctly reveal the legal nature of the dispute. Furthermore, when the doctrine and the practice of the Court are evaluated together, it is faced with the need to re-examinate the existing legal arrangement. The German Criminal Law 186. The material is lighting. Instead of predicting the insult as a electoral movement in TCK m.125, in a separate article, it will be appropriate to advise as a main type of crime.