The offence of insult is one of the disputes most frequently brought to the prosecutor’s office in Turkey. An argument with neighbors, voices raised at work, a message in a WhatsApp group or a comment made on social media often become the subject of criminal law. In this article, I explain concretely what words constitute the crime of insult, what the penalty is, how many months the complaint period is, and how to carry out the process from start to finish.
What is the crime of insult, which words are considered crimes?
According to Article 125 of the Turkish Penal Code, insult can be committed in two different ways. Firstly, it may offend someone’s honor, dignity and dignity.to attribute a concrete action or fact. For example, saying “this man stole money from the safe” or “he is cheating on his wife” falls into this group; A specific event is suggested. Second,by swearing is to attack a person’s honor, dignity and respect. There is no concrete event here, it is a direct humiliating address.
The law does not require that the crime be committed in front of the victim. The act can also be committed with an audio, written or visual message addressed to the victim. In other words, words spoken via phone call, voice message, e-mail, SMS or direct message are also included in the same article.
Why are rude words and harsh criticism not considered insults?
This is the most misunderstood point in practice. Every word that you don’t like, that disturbs you, or even makes you angry crime of insult does not create. The Supreme Court of Appeals firmly states that: any harsh criticism or disturbing words directed at individuals cannot be considered as insults; The words must clearly constitute a concrete allegation of an act or an act of swearing that will offend honor, dignity and prestige. For this reason, the Supreme Court overturns the convictions given by the courts for statements that constitute “vulgar words” or “severe criticism”.
Whether an action is degrading or not is not absolute; varies according to time, place and environment. An address that is considered ordinary on a construction site may be considered insulting in a board meeting. For this reason, the prosecutor’s office and the court evaluate the word not on its own, but within the context of the speech as a whole and its environment.
If the victim’s name is not mentioned, does a crime occur?
The law also closed this gap. Even if the name of the victim is not clearly stated in the insult or the accusation is implicitly glossed over, if there is no doubt about the nature of the words and that they are directed towards the victim, both the name is stated and the insult is deemed to be explained. Posts made on social media without mentioning names but clearly targeting people can be punished with this provision.
How much is the penalty for insult?
Basic penalty,imprisonment from three months to two years or a judicial fine. The word “or” is important: this is an optional punishment, the judge decides on one of the two, not both. In practice, judicial fines are usually imposed on people who are tried for the first time and whose nature of the incident is not serious.
Situations that increase the penalty
- Publicity: If the insult is committed publicly, the penalty is increased by one sixth. This includes words spoken out loud on the street, on a public social media account, or in a crowded environment.
- Insulting a public official due to his/her duty: The lower limit of the penalty cannot be less than one year. Insults to police officers, doctors, teachers and bailiffs during and because of their duties fall into this group.
- Insult due to belief, thought and opinion: The lower limit for insult committed due to a person expressing, changing or trying to spread his religious, political, social or philosophical beliefs or acting in accordance with the commands of his religion is one year.
- Insult by mentioning sacred values: Insulting a person by mentioning values that are considered sacred according to the religion he belongs to is also aggravated in the same way.
- Public officials working as a board: Insulting a board due to its duties shall be deemed to be committed against each member of the board; Chain crime provisions apply.
Insult in absentia and the requirement of having a relationship with three people
If the words are not spoken to the victim’s face, but behind his back when he is not present, the law imposes an additional condition:by having sex with at least three people needs to be processed. In other words, the insulting word must have reached at least three people other than the victim. A complaint you make to two friends does not meet this requirement.
This rule becomes critical in the digital environment. The Supreme Court decided that it should be discussed with evidence how the element of conflict occurred in the posts made in the absence of the victim on social media; It found it unlawful to increase the penalty due to publicity without determining whether the account is public or limited to the friends list. The practical result is this: a post seen by two people on a closed account does not produce the same result as a post seen by hundreds of people on a public account. In mutual private messaging, there is no insult in absentia since the element of conflict does not occur.
How many months is the complaint period for the crime of insult?
The answer to this question is the point where loss of rights occurs most frequently. Investigation and prosecution of the crime of insult against a public official, except for cases committed due to his/her duty depends on the victim’s complaint. If there is no complaint, the prosecutor’s office does not take action on its own.
Complaint period for six months. This period does not vary from the date the incident occurred, but from the date of the person who has the right to complain.the act and the day he knew or learned who the perpetrator was starts. For example, if you learned about a post about you months later, six months will count from the day you found out.
Two-year cap rule
However, it is mandatory to know about a change made in 2024. With the sentence added to Article 73 of the Turkish Penal Code, the complaint period for the crime of insult depending on the complaint cannot exceed two years from the date of the act under any circumstances.. In other words, the “I learned late” defense is not unlimited; If two years have passed since the incident, the right to complain is lost, regardless of the date of learning. If you just noticed an old post, be sure to look at its date.
The fact that one of the few people who have the right to complain misses the six-month period does not reduce the rights of the others. If the victim died before making a complaint or if the crime was committed against the memory of the deceased, the deceased’s descendants, spouses or siblings up to the second degree may file a complaint.
How to make a complaint, what documents are required?
Complaint in your location Office of the Chief Public Prosecutor is done with a petition to be submitted. It is also possible to apply to the police station and make a statement; The law enforcement report is sent to the prosecutor’s office. The petition must include the date and place of the incident, the exact words spoken, witnesses and the identity information of the perpetrator, if any. Spelling the words verbatim, rather than in a common form such as “they insulted”, determines the fate of the file; The prosecutor and the judge need to know exactly which statement will be evaluated.
What is used as evidence?
- Screenshots: Images of the message, comment or share, showing the date, time and account name. Only the truncated version of the text is weak evidence.
- Witness statements: It is the most decisive evidence in face-to-face events. Include the names, surnames and addresses of the witnesses in the petition.
- Audio and video recordings: Records taken to prove a crime committed against you and to immediately protect evidence that is in danger of being lost are accepted in practice.
- Camera recordings: If there is a workplace or site camera, ask the prosecutor’s office to request it immediately so that the recordings are not deleted. These records are overwritten in 15-30 days on most systems.
- Evidence of conflict on social media: Images showing how many people the post reached and the number of comments and interactions are required to prove the requirement of having a relationship with three people.
How does the process work?
Upon complaint, the prosecutor’s office initiates an investigation, takes statements from the parties and collects evidence. If there is not enough suspicion
returns decision not to prosecute(no tracking); This decision may be appealed to the Criminal Judgeship of Peace within fifteen days from notification. If there is sufficient suspicion, an indictment is prepared and the file is To the Criminal Court of First Instance goes.
In crimes that require a judicial fine or a prison sentence of two years or less, such as insult, the court simple trial procedure can implement. In this procedure, the indictment is notified to the parties, written statements and defense are requested within two weeks, and a decision can be made without a hearing. In case of conviction, the resulting penalty is reduced by one quarter. If the decision is objected to, the file will be heard in accordance with general provisions. It should be noted that this procedure cannot be applied since the upper limit can exceed two years due to escalation in publicly committed insults.
Ways to close the file without penalty
Prepayment
The crime of insult, with the changes in the law prepayment(except for insulting a public official due to his/her duty). If the specified amount of money and investigation expenses are paid within ten days upon notification of the prosecutor’s office, a public lawsuit will not be filed against you. Upon request, this amount can be paid in three equal installments, one month apart; If the installments are not paid on time, the prepayment becomes invalid and the investigation continues. If a crime within the scope of prepayment is committed again within five years, prepayment provisions will not be applied again for the same crime.
Why is mediation not implemented?
A common misconception is that defamation files will be sent to mediation. Code of Criminal Procedure, in the crime of insult conciliation cannot be pursued. clearly edited. Therefore, the agreement of the parties ends the file not through mediation, but through the victim giving up the complaint or a prepayment on the part of the perpetrator.
Cancel complaint
In crimes based on a complaint, giving up on the person harmed by the crime drops the case. Renunciation of one of the defendants who committed a crime in case of participation also covers the others. However, renunciation after the verdict becomes final does not prevent the execution of the sentence. Additionally, if you declare that you are giving up your personal rights while giving up, you cannot file a lawsuit for compensation in civil court; Therefore, how the disclaimer is written is very important.
Situations that remove or reduce criminal responsibility
Proof of imputation
If the alleged and criminal act is proven, the person will not be punished. If there is a final conviction against the insulted person for that crime, the accusation is deemed proven. In other cases, acceptance of the request for proof depends on whether there is a public interest in understanding whether the alleged act is true or not, or the complainant agrees to prove it. On the other hand, if the person is further insulted by mentioning a proven act, a penalty is imposed; In other words, telling the truth does not give the right to swear.
Immunity of claim and defense
Penalty will not be imposed if concrete allegations or negative evaluations are made about individuals within the scope of written or oral applications, claims and defenses made before judicial authorities or administrative authorities. However, for this to happen, the accusations and evaluations must be based on real and concrete facts and must be related to the dispute. This protection will not save you if you write personal attacks in your petition that are unrelated to the dispute.
Reaction to tort and mutual insult
If the insult is committed as a reaction to an unfair act, the penalty may be reduced by up to one third, or the penalty may be waived. If the crime is committed as a reaction to intentional injury, the person no penalty. In case of mutual insult, depending on the nature of the incident, the penalty to be imposed on both or one of the parties may be reduced by up to one third or no penalty may be imposed. Who says the first word in a mutual argument therefore becomes the most important question of the file.
Is it possible to file a compensation lawsuit?
Yes. Criminal proceedings are aimed at punishing the perpetrator; It is a separate request for compensation for the grief and reputational damage you have suffered. In accordance with Article 58 of the Turkish Code of Obligations, the person who is harmed by the damage to his personal rights may request the payment of an amount of money under the name of non-pecuniary compensation. The judge may decide or add another form of reparation instead of compensation; In particular, it may issue a decision condemning the attack and order that this decision be published. This case is filed in the Civil Court of First Instance and proceeds independently of the criminal file, but the evidence in the criminal file is also used here.
Approximate costs and times
Submitting a complaint to the prosecutor’s office is not subject to fees; The investigation phase is free. Cost items are:
- Attorney fee: The minimum fee schedule published by the Istanbul Bar Association every year is a guide. Separate items are provided for criminal investigation and prosecution in the Criminal Court of First Instance; The final fee is freely agreed upon with the lawyer depending on the scope of the file.
- Non-pecuniary damage lawsuit: Depending on the requested amount, relative application and decision-judgment fees and advance payments for expenses such as notification and expert witness fees are paid. Keeping the request realistic prevents being sentenced to attorney fees for the rejected part.
- Duration: The investigation typically takes several months. Criminal proceedings of first instance are concluded within a few months in the simple trial procedure, and generally over a year in the hearing trial. When appeal and appeal stages are added, the total period becomes even longer.
Common mistakes
- Missing the six month deadline. This is the most common loss of rights. Make a note of the day you find out and don’t wait.
- Overlooking the two-year cap. The right to complain about old posts expires after two years have passed since the act, regardless of the date of learning.
- Losing evidence. The other party can delete the post or message. Get the screenshot immediately with date and account information.
- To soften the words in the petition. Writing the statements as “he said bad things” because you are ashamed will weaken the file. The words should be written verbatim.
- To respond. If you insult in response, mutual insult provisions come into play and both parties may become defendants.
- Making every annoying word a crime. Files opened for rude words and harsh criticism result in non-prosecution or acquittal, resulting in loss of time and expense.
- Giving up personal rights while giving up. Writing the declaration carelessly will close the path to compensation.
- Targeting the wrong account. In case of fake or imitation accounts, it is necessary to identify the perpetrator; The prosecutor’s office should be requested to investigate IP and subscriber information.
Concrete examples
Example 1 — Site meeting. At the apartment meeting, the manager makes a humiliating address to a flat owner in front of ten people. Since the words are said face to face, there is no condition for ihtilat; Due to the number of people in the environment, a public increase comes to the fore. The complaint period starts from the meeting date.
Example 2 — Closed social media account. A person posts about his former colleague from his account, which is limited to his friends list, without naming his former colleague, but in a way that makes it clear who he is referring to. Two questions are critical here: did at least three people see the post (ihtilat) and is the account public (publicity). Closing the account may eliminate the increase in publicity.
Example 3 — Private messaging. In a private message between two people, harsh words are said about a third person. Since the victim is in his absence and there is no conflict with three people, insult does not occur in absentia.
Example 4 — Insulting an officer. A citizen curses a municipal officer whose action he does not like during his duty. In this case, the lower limit is one year, the crime is not dependent on a complaint and the prosecutor’s office initiates an investigation on its own; Prepayment is not applied.
Frequently asked questions
How many months is the complaint period for the crime of insult?
Six months. This period starts from the day you know or learn about the act and who the perpetrator is. However, the complaint period cannot exceed two years from the date of the incident.
Is the punishment for insult crime imprisonment or fine?
The law provides for optional punishment: imprisonment from three months to two years or criminal fine. The judge chooses one of the two. If there is publicity, the penalty is increased by one sixth; The minimum limit for insulting a public official due to his/her duty cannot be less than one year.
What can be done to someone who insults on social media?
Take screenshots showing the date, time and account name of the post and submit a complaint to the Chief Public Prosecutor’s Office. If a fake account is used, ask the prosecutor’s office to request an IP and subscriber information search. Include evidence in the file showing how many people the post reached; This is decisive because in absentia insult, a meeting with three people is required.
Are words that are not swearing but insulting considered insults?
Countable. The law punishes not only swearing, but also the accusation of concrete acts that offend honor and dignity. On the other hand, rude words and harshly critical expressions do not constitute a crime; The limit is whether the statement is intended to humiliate or not.
Is a defamation case subject to mediation?
No. The Code of Criminal Procedure regulates that mediation cannot be used in the crime of insult. On the other hand, the crime is within the scope of prepayment (except for insulting a public official due to his/her duty) and the victim can give up his complaint and drop the file.
If there was mutual insult, will we both be punished?
Not required. In mutual insults, depending on the nature of the incident, the penalty may be reduced by up to one-third or no penalty may be imposed on both parties or only one of them. If the insult is committed as a reaction to an intentional injury, no punishment is given.
Can I also receive compensation from the criminal case?
Yes. The person whose personal rights have been violated may file a lawsuit for non-pecuniary damages in the Civil Court of First Instance. In lieu of, or in addition to, payment of money, the judge may also issue a decision condemning the attack and order its publication. When giving up the complaint, be careful not to declare that you are giving up your personal rights.
What can I do if a deceased relative of mine is insulted?
Insulting the memory of a person after his death by engaging at least three people is a separate crime and is punishable by imprisonment from three months to two years or a judicial fine; If committed publicly, the penalty is increased by one sixth. The right to complain belongs to the deceased’s immediate descendants, spouse or siblings up to the second degree.
Conclusion
There are three things that determine the outcome in
Crime of defamation files: what exactly the words are, collecting the evidence in a timely and correct manner, and not missing the deadlines. Since the six-month complaint period and the two-year upper limit work together, waiting often means the total loss of the right. Even if you are the perpetrator, institutions such as prepayment, claim-defense immunity, proof of accusation and response to tort can completely change the course of the case. In both cases, the right first step makes all subsequent steps easier.
Disclaimer: This content has been prepared for general information about Turkish law and does not constitute legal advice. Legislation and judicial practice may change over time. You should definitely consult a lawyer before making a decision regarding your concrete case.
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