In 16 January 2014, the Constitutional Court
("MK") granted the request for a
judicial review of Article 335 of the Criminal Code
("KUHP") and removed the phrase,
"offensive act" from Article 335 of the KUHP. The reason
for removing the phrase, "offensive act" is that it
allows investigators and public prosecutors to act arbitrarily
against certain people. In its considerations, the MK said that the
phrase, "offensive act" in Article 335 paragraph (1) of
the KUHP has caused legal uncertainty and injustice. The phrase is
also considered contrary to the constitutional principle which
guarantees protection of the right to legal certainty in law
enforcement. Article 335 basically stipulates that a person is
liable to imprisonment for up to a year if found guilty of an
offensive act against another person. What constitutes an
"offensive act" cannot be determined objectively. That is
why this Article has been called a rubbery or junk provision. The
MK sees the measure used
