Committing the offence as a reaction to an unjust act.
Article 129/f.1 of the TPC No. 5237 stipulates that. “In the event that the offence of insult is committed in reaction to an unjust act. The penalty to be imposed may be reduced by up to one third. Or the penalty may be waived”. The effects of the wrongful act must continue and the insult. Must have been committed for this reason. Since the law mentions an unjust act. It is sufficient that this act is unlawful and does not necessarily have to be a crime.
Committing the offence as a reaction to the offence of intentional injury.
If this offence is committed as a reaction to the offence of intentional injury. The person is not punished. In this case, a verdict of non-punishment should be given for the perpetrator. The Court of Cassation has also decided in one of its decisions as follows. “Since it is understood that the offence of defamation was committed. As a reaction to the wrongful act of the defendant. Which is in the nature of intentional injury. In the form of pushing the defendant down to the lower floor by holding his arm. It should be decided that there is no punishment. In accordance with Article 129/2 of the TCC and Article 223/4 of the CYY.”.
Reciprocal Committing of the Offence. Mutual Insult
According to Article 129/f.3 of the TPC, “In case of mutual offence of 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 the penalty may be waived.” The judge is given discretionary power to reduce the penalty. Or not to impose a penalty in case of mutual insult. According to this regulation, the mutual commission of the act is regulated. As a reason for both reduction and personal impunity.
You can access our other article examples and petition examples by clicking here.