The Insult Case and the disclosure of the “Insult” element are regulated between Articles 125-131 of the Turkish Penal Code No. 5237.
First of all, if it is necessary to determine whether the crime of insult has occurred or not, it is possible to talk about the existence of insult in the following cases according to the laws: The existence of a concrete act or phenomenon that can hurt a person’s honor, honor and dignity and cause him to suffer damage, at the same time, by attributing or cursing the same thing. To attack someone’s honor, honor and dignity in a way that creates the existence of insult.
To give a few examples of the insulting situation;
To openly refer to a person as “disgraceful”, “disgraceful”, “idiot”, “stupid”, “animal”, “dumb”, etc. Saying such words constitutes the crime of insult.
Calling a limping person “God’s lame man” and calling a blind person a “blind guy” constitutes the crime of insult.
When a person is told “you stole my stuff”, if this fact is proven, the crime of insult does not occur. However, to say “you are a thief” to a person who has a previous conviction for theft crime gives rise to the crime of insult.
The offense of insult does not need to be committed only with words, the act of insult can also be committed with writing, shape, image, hand sign or facial expressions. For example, putting human excrement on a person’s desk is an offense of insult.
Words and actions within the scope of the right to petition and criticism, the right of the press to publish news, and the immunity of claim and defense do not constitute the crime of insult.
Punishment for Insulting Crime
The penalty for insulting a person is determined by law. According to Article 125/1 of the Turkish Penal Code, this punishment is given as a prison sentence from 3 months to 2 years or a fine in accordance with this period.
Offenses of Insult Committed Against Public Officials: As an exception, in cases where insult is committed against an official and within the framework of his duty, this penalty starts from a minimum of 1 year.
Along with other reasons that increase the penalty in defamation cases (qualified cases), other exceptions applied in defamation cases can be listed as follows:
The penalty to be imposed for insulting crimes committed due to the disclosure, alteration, attempting to spread religious, political, social, philosophical beliefs, thoughts and convictions, acting in accordance with the orders and prohibitions of the religion to which they belong, and insulting crimes committed through values considered sacred according to the religion to which the person belongs, starts from 1 year. .
In cases where it is determined that the insult has been committed openly, the penalty is increased by 1/6.
If the offense of defamation, which is the subject of the case, is committed as a reaction to an unfair act, it may be decided to reduce the penalty to 1/3. In addition, in the cases written in Article 129 of the Turkish Penal Code, it is stipulated that the complainant should not commit any crime. For example, if a person commits the crime of insult in response to the crime of deliberate injury, there is no penalty for this crime of insult.
In the crime of insulting the victim’s face, it is sufficient for the victim to learn the insulting words or behaviors at that moment. Telephone, mail, letter, sms etc. to the victim. Insults made by using communication methods such as these are considered to be made directly to the face of the victim. It is sufficient for the victim to learn about the insult made to him through these communication tools.
In the absence of the victim, the crime of insult can occur when at least 3 people learn the words and behaviors of the insulter. In cases where there is no victim in the insulted environment, that is, in his absence, the law requires that the insulting act be committed in a conflict with 3 people. The person who insulted the three people in question is not included. It is not necessary for three people to be in the same place, the important thing is for three people to learn the insult. For example, when other neighbors living in their own house hear the words of a person shouting “that man is dishonest, dishonest” in absentia in a garden space, the crime of insult is committed.
Punishment in Case of Mutual Insult: Likewise, if the offense of insult is committed by both parties, it is foreseen that no offense is committed or that the given offense will be reduced by 1/3.
Application for a defamation lawsuit
In order for defamation cases to be processed, a complaint must be filed with the Office of the Chief Public Prosecutor within 6 months after the insult occurs, by writing a petition or by giving a statement in the law enforcement. However, qualified cases of defamation are not subject to complaint. Therefore, there is no time limit for complaints. In case of committing the qualified cases of the crime, the public prosecutor’s office opens an investigation ex officio. Sample petition text is available on our website.
