Yargı Görevi Yapanı, Bilirkişiyi veya Tanığı Etkilemeye Teşebbüs Suçu ve Suçun İşlenmesinde Sosyal Medyanın Rolü

Ensuring a fair trial is entirely possible by protecting the judicial activity from extra-legal interventions. Article 277 of the Turkish Criminal Code No. 5237, which was drafted for this purpose, penalizes the attempt to influence a number of subjects involved in the judicial process in order to protect and establish a fair trial. The aforementioned offense is one of the most important provisions of the Turkish Criminal Code with its pros and cons. It directly touches upon the principle of judicial independence and impartiality and serves the universal principle of the rule of law. With the crime, it is tried to prevent those who play an active role in the judiciary, experts and witnesses from being subjected to domination or favoritism. Due to the importance of this, the legislator includes the typical acts that take place in all judicial branches that meet certain conditions in Article 277 of the TPC. Thus, Article 277 of the TPC is the legal guarantee of the right to a fair trial, the independence and impartiality of the judiciary, the trust between the citizen and the state, and the judicial subjects. Within the scope of the study, Article 277 of the TPC By evaluating the provision, issues such as what should be understood from the concept of performing a judicial duty, the elements of the crime, the amendments made by the legislator, the special forms of the crime, the legal value protected and the role of social media in the commission of the crime are examined through various opinions in the doctrine.