False Suspicion in Turkish Criminal Law

The right to a fair trial is protected as legal value in the crime of calumny. Turkish criminal law aims to protect the mentioned legal value against an accusation of an unlawful act, not only the performed one through notice or complaint to the competent authorities, but also the performed one by means of press. Turkish Criminal Code penalises accusations of unlawful acts both constitute a crime and require administrative sanction. Fabricating of the material elements and evidences of the act is accepted as a qualified version of the offence. Intent is insufficent for the constitution of the crime, because the type of the crime seeks the element of purpose. Use of right and carrying out the provisions of law may be in question as justification reasons. Detailed effective remorse provisions have been adopted on account of this crime.