Disclosure of the Defamation Case and Articles 125-131 of the Turkish Penal Code Numbered 5237.the “Insult” element of the article is explained in articles.
Firstly, if it is necessary to determine whether the insult took place according to the law, insult can be mentioned in the following cases: the presence of a concrete act or natural event that may be offensive and damaging, which may damage a person’s honor, honor and dignity, are likewise elements that cause the existence of insult by attacking a person’s honor, honor and reputation.
To give a few examples of the situation that is the subject of insult;
The person is considered “dishonorable”, “without dignity”, “retarded”, “stupid”, “animal”, “manuscript”, etc. it is clear that the use of such expressions constitutes a crime of defamation.
To call someone who walks without leaving a trace a “lame man of Allah” and to call someone who cannot see a blind man a “blind man” constitute the crime of insult.
When a person is told, “you stole my things,” if this fact is proven, an insult crime does not occur. However, saying “you are a thief” to a person who has a previous criminal record for theft leads to an insult offense.
The offense of insult should not be committed only verbally, the verb that is the actual nature of the offense of insult can also be committed with writing, figure, picture, hand sign or facial expression. For example, it is an insult offense to put human feces on a person’s work desk.
The right of petition and criticism, the right of the press to publish news, words and actions, what is said and done within the scope of immunity of claim and defense do not constitute a crime of defamation.
Punishment for the Offense of Insult
The punishment for insulting a person is determined by law. This punishment is included in Article 125/1 of the Turkish Penal Code. According to the article, it is given in the form of imprisonment from 3 months to 2 years or a fine appropriate to this period.
Insulting Crimes Committed Against Public Officials: Exceptionally, if the insult is committed against a public official and within the framework of this official’s duty, a minimum of 1 year of imprisonment is required for this punishment to be imposed.
In addition to other reasons that increase the penalty in defamation cases (qualified cases), other exceptions applied in defamation cases can be listed as follows:
The punishment for insulting crimes committed due to explaining, changing, spreading a person’s religious, political, social, philosophical beliefs, thoughts and convictions, acting in accordance with the orders and prohibitions of the religion to which he belongs, and insulting crimes committed based on values considered sacred according to the religion to which the person belongs, starts from 1 year.
If it is determined that the insult was committed publicly, the penalty is increased by 1/6.
If the insult offense subject to the lawsuit was committed in response to a wrongful act, it may be decided to reduce the penalty to 1/3. In addition, 129 of the Turkish Penal Code. in its article, it is stipulated that the complainant defendant will not commit any crime in the cases written in the article. For example, if a person commits a crime of insult in exchange for the crime of intentionally injuring, punishment is not provided for this offense of insult.
In the crime of insulting the victim’s face, it is enough for the victim to learn the insulting word or behavior at that moment. Phone, mail, letter, text message to the victim, etc. an insult made through this means is considered to have been made directly against the victim’s face through these means of communication. The fact that the victim learns about the insult made to him by these means of communication is sufficient for the formation of an insult crime.
In the absence of a victim, an insult crime may occur when at least 3 people learn the words and behaviors of the abuser. In the absence of the victim in an insulting environment, that is, in absentia, the law requires that the act constituting an insult be committed in conflict with 3 people. The person who insults the three people in question is not included in this himself. Three people do not need to be in the same place, it is important that three people are aware of the insult. For example, an insult offense occurs when a person in a garden shouts “that man is a bastard, a scoundrel” to the victim in absentia, while other neighbors are sitting in their own houses.
Punishment in Case of Mutual Insult: In the same way, if the offense of insult is committed mutually by both parties, in this case it is stipulated that no penalty will be imposed or the penalty given will be reduced by 1/3.
Application for Defamation Case
In order for defamation cases to be processed, it is necessary to file a complaint by writing a petition to the Public Prosecutor’s Office or giving a statement at the law enforcement office within 6 months from the date of the insult. However, qualified defamation cases are not subject to complaint. Therefore, there is no limitation on the duration of any complaint. In case of the processing of qualified cases of the crime, the Public Prosecutor’s Office officially initiates an investigation. The sample petition text is available on our website.