August 24, 2024
General Law
· Criminal law
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The crime of insult, regulated in Article 125 of the Turkish Penal Code (TCK), is committed by making statements that are an attack on a person’s honor, dignity, and reputation. This attack on personal rights can be verbal, written, or behavioral. For example, using negative, derogatory, or degrading statements on social media platforms with the purpose of insulting someone can constitute this crime.
According to Article 125 of the Turkish Penal Code, the basic penalty for a person who commits the crime of insult is imprisonment from 3 months to 2 years or a judicial fine. If the crime is committed in the presence of the victim, in public or against a public official due to his/her duty, the penalty is increased. If the crime of insult is committed in public, the penalty is increased by one-sixth.
The crime of insult is generally handled by criminal courts of first instance. However, the competent court may change depending on the nature of the crime, whether the victim is a public official or whether it is committed together with other crimes.
The crime of political insult is generally an act of insult directed at prominent political figures in public. Insulting politicians can cause public debate and attention should be paid to the balance between freedom of expression and personal rights. However, insulting people with political identities does not go unpunished and such acts of insult are also punished in the Turkish Penal Code. These cases can sometimes attract more public attention when carried out through the press and social media.
The crime of insulting a public official is also regulated in Article 125 of the Turkish Penal Code. This crime applies to insults made to a public official while performing their duty or because of their duty. In this case, the penalty to be given may be more severe and the penalty may be determined as imprisonment of not less than one year. The crime of insulting a public official is generally related to attacks made during the duty and the professional reputation of the victim is protected.
Insults against members of parliament can also be considered as insults against public officials. Insults against members of parliament are considered as an aggravated form of insults against public officials if they are committed because of their duties. However, in this case, the duty of the member of parliament in the Turkish Grand National Assembly and the nature of the incident that caused the insult are taken into consideration and the penalty is given.
Social media platforms have become one of the most common places where insult crimes are committed in recent years. According to the Turkish Penal Code, insulting a person via social media is also a crime. In particular, insults made via social media accounts are considered to be made publicly and this is considered to be an element that increases the penalty. Public insult crimes can be punished with more severe penalties, and swearing and insults made via social media are considered in the same context.
The crime of insult is both a crime subject to complaint and can involve complex legal processes. Therefore, it is recommended to consult a lawyer in such cases. A lawyer can provide you with legal support during the complaint process, assist you in the evidence collection phase and create a defense strategy. Since insult cases aim to protect personal rights, getting professional support ensures that the process progresses more healthily and quickly.
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