TPC ARTICLE 125- WHAT IS THE OFFENSE?
The offense of insult is regulated in Article 125 of the TCK. According to the law, in order for the offense of insult to occur, a concrete act or fact must be attributed to the victim or an act of cursing must be committed. This concrete act or phenomenon must be in such a way as to offend the honor and dignity of the victim. The legal value protected by the crime of insult is the honor, dignity, dignity, honor and reputation of the people in the society.
In Article 125/1 of the TCK, insulting the face is regulated. According to this, accusing or cursing a fact against the person are elective actions that constitute the crime of insult. The imputed act or fact must be in such a way as to offend the honor and dignity of the person. However, it is not required to offend the honor and deprivation of the person. The presence of words or actions that can offend is sufficient. The judge will evaluate this situation himself. The criteria to be taken as a basis in the evaluation are criteria such as the environment of the parties, public opinion, conditions, local customs and traditions, and the title of the victim.
The provisions of the Law No. 5816 on Crimes Committed Against Atatürk shall apply to insulting and insulting acts and words against the memory of Atatürk.
WHAT IS INFLUENCE IN CLOTHING?
Insulting in absentia, in other words, insulting in absence, occurs when the victim of the crime does not hear or see the insult. In insults in absentia, third parties who hear or see the insult, other than the victim, convey this insult to the victim. If the insult is committed in the absence of the victim, that is, in the absence of the victim, at least three people must hear the insult in order for the perpetrator to be punished. In order to be punished for insulting in absentia, the perpetrator must know about the conflict.
If the perpetrator has heard of the crime of insult committed by addressing a person, other people who are unaware of the perpetrator’s existence, the element of conflict does not occur. As another example, an element of conflict does not occur if the perpetrator says insulting words to a person and that person also tells others. But if the perpetrator asks him to pass these words on to others, then crime occurs. In order for the crime of insulting to be committed in absentia, there must be a conflict with at least three people. It is not obligatory for the conflict to be made verbally. It can also be forwarded to at least three people by another means of communication.
