INSULT CRIME

INSULT CRIME (Turkish Penal Code Articles 125-131)

Insult, as defined in Article 125 of the Turkish Penal Code, is the act of one person making statements or engaging in behavior that is humiliating, damaging to the honor, or belittling to another person. The crime of insult is regulated under the heading of crimes against honor in Articles 125-131 of the Turkish Penal Code.

According to the law, the crime of insult can be committed in two different ways. Firstly, by attributing a specific, concrete act or event to a person, thereby damaging their honor and reputation; secondly, through abstract words and actions, that is, by using abusive language, as foreseen by the legislator.

The crime of insult is not a specific type of crime; both the perpetrator and the victim can be anyone. Punishment will be imposed if the act is committed through a verbal, written, or visual communication directed at the victim. Due to the diversification of communication tools today, the crime of insult can be committed through various means. For example, in our time, the crime of insult is frequently encountered on social media.

The crime of defamation can be committed in the presence of the victim or in their absence. The penalty for defamation committed in the presence of the victim is imprisonment for three months to two years or a fine. For someone to be punished for defamation committed in the absence of the victim, the law requires that the act be committed in the presence of at least three people, meaning that at least three people must be aware of it. In the aggravated form of the crime, for example, Article 125/3 of the Turkish Penal Code stipulates that if the crime of defamation is committed: a) against a public official because of their duties, b) because of the victim's religious, political, social, or philosophical beliefs, thoughts, or opinions, or because of their adherence to the commands and prohibitions of their religion, c) by referring to values ​​considered sacred according to the victim's religion,the minimum sentence shall not be less than one year. If this crime is committed publicly, the penalty is increased by one-sixth (Article 125/4 of the Turkish Penal Code). For a crime to be considered public, it must be committed in a place accessible to everyone. It is also possible for the crime to be committed against more than one person simultaneously, in which case the provisions for continuous offenses apply.

If the act constituting the crime of insult is committed in response to a tort or another act constituting the crime of insult, the punishment for the perpetrator may be reduced by up to one-third, or the court may refrain from imposing any punishment at all (Turkish Penal Code, Article 129).

According to Article 131 of the Turkish Penal Code, except in cases where the offense is committed against a public official due to their duties, the investigation and prosecution of the crime of insult are regulated based on the complaint of the victim.

In conclusion, for a person to be prosecuted for the crime of insult, they must have committed the acts constituting the crime, and, except in exceptional circumstances, the victim must file a complaint.