Although the relevant offense is defined in Article 214(1) of the Turkish Penal Code, the acts of “inciting the public to commit a crime” are punishable under Article 214(2), specifically “inciting the public to kill one another.”
In this offense, if the crime that is the subject of the act has not been committed, the act is not punished as it is considered to be in the preparatory stage. However, contrary to this general rule, if the act is committed in public, the perpetrator must be punished even if the act does not produce a result. T he reason for this is the threat the act poses to public order.
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The statutory text refers to incitement to commit a crime. Th e objective here is to elicit or strengthen criminal impulses in a person through an action that influences them, or to encourage others to commit specific acts by eliminating or weakening thoughts that prohibit or prevent the crime.
In this offense, the means used for incitement are irrelevant; it is sufficient that the means are suitable for incitement. Inciting can be carried out through means such as words, writings, radio, television, cinema, or theater. Inciting may pertain to the future or the present, and may even be conditional.
Article 214/1 of the Turkish Penal Code (TCK), which regulates the relevant offense, stipulates that the inciting act must be public. In the regulation, an incitement act that is public—even if it does not result in actual harm—is punishable due to the danger it poses to public order.
Therefore, it is not necessary for the incitement act to be committed in public places or public areas. Here, the fact that the public incitement act is carried out in the presence of many people is sufficient for the crime to be established.
Additionally, the subject of the incitement must be a crime; it is not necessary for the crime to fall under a specific law or to be a crime that requires investigation or prosecution.
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The term “crime” in Article 214 does not cover administrative offenses committed through public incitement, but rather regulates incitement related to criminal offenses.
It is irrelevant whether the crime the driver incited was actually committed; public incitement is sufficient for the crime to be established. However, if the crime in question has been committed or if the stage of attempting to commit that crime has been passed, the driver is punished as if they had committed the crime themselves. (TCK, Art. 214, para. 3).
On the other hand, incitement to commit a crime is an intentional offense, and it is sufficient for the crime to be committed with general intent regarding the mental element.
In this offense, the intent must involve the will to incite the commission of a specific crime, with the awareness that others will commit that crime.
Additionally, if the act of incitement described in the relevant provision is committed “through the press and media,” the penalty is aggravated. (TCK, Art. 218)