Insult Cases and the definition of the element of “Insult” are regulated in Articles 125-131 of the Turkish Penal Code No. 5237.
First, to determine whether the crime of insult has occurred, according to the law, it is possible to claim that an insult exists in the following cases: The existence of a concrete act or fact that could offend or cause harm to a person’s honor, dignity, or reputation, as well as the attack on a person’s honor, dignity, or reputation by attribution or insult, are the elements that constitute the existence of an insult.
To give a few examples of the situation that constitutes an insult:
Openly calling someone “dishonorable,” “disgraceful,” “retarded,” “idiot,” “animal,” “dumb,” etc. constitutes the crime of insult.
Calling someone who walks with a limp “God’s lame man” or calling someone who is blind “blind man” constitutes the crime of insult.
Saying “You stole my belongings” to someone doesn’t constitute insult if the fact is proven. However, saying “You are a thief” to someone with a prior theft conviction constitutes insult.
Insult need not be committed solely through words; acts that constitute insult can also be committed through writing, drawings, images, hand gestures, or facial expressions. For example, placing human feces on someone’s desk constitutes insult.
Words spoken or actions taken within the scope of the right to petition and criticism, the press’s right to publish news, and immunity from prosecution and defense do not constitute insult.
Punishment for Insult
The penalty for insulting a person is determined by law. According to Article 125/1 of the Turkish Penal Code, this penalty is a prison sentence of three months to two years, or a fine appropriate to that term.
Insult Crimes Committed Against Public Officials: As an exception, if the insult is committed against a public official and within the scope of that official’s duties, the minimum sentence starts at one year.
Other exceptions that increase the penalty in insult cases, along with other reasons (qualifying circumstances), are as follows:
In insult crimes committed for expressing, changing, or attempting to spread religious, political, social, or philosophical beliefs, thoughts, or opinions, or for acting in compliance with the commands and prohibitions of the person’s religion, and for insult crimes committed through values considered sacred by the person’s religion, the sentence starts at one year.
If it is determined that the insult was committed publicly, the sentence is increased by one-sixth.
If the insult crime in question was committed in response to an unjust act, the sentence may be reduced by one-third. Furthermore, Article 129 of the Turkish Penal Code stipulates that the complainant and defendant shall not be held liable for any crime in the circumstances specified. For example, if a person commits an insult as a response to an act of intentional injury, no punishment will be imposed for this offense.
In the crime of insulting the victim directly, it is sufficient for the victim to learn of the insulting words or actions at the time. Insulting the victim through communication methods such as phone calls, emails, letters, SMS messages, etc. is also considered direct insult to the victim’s face. The victim’s knowledge of the insult through these means is sufficient for the offense to be committed.
Insulting in the absence of the victim can occur when at least three people learn of the insulter’s words and actions. In cases where the victim is not present at the insulting scene, i.e., in absentia, the law requires that the act constituting the insult be committed in conjunction with three other people. These three individuals do not include the insulter himself. It is not necessary for all three individuals to be present at the same location; the crucial factor is that all three individuals learn about the insult. For example, if a person shouts “that man is dishonorable, shameless” at the victim in a garden hole, in their absence, and the words are heard by other neighbors living in their own home, the crime of insult is committed.
Punishment in Cases of Mutual Insult: Similarly, if the insult is committed by both parties, then no offense is charged or the charge is reduced by one-third.
Applying for Insult Case
For insult cases to be processed, a complaint must be filed within six months of the insult by writing a petition to the Chief Public Prosecutor’s Office or by giving a statement to law enforcement. However, aggravated insults are not subject to a complaint. Therefore, there is no time limit for filing a complaint. In cases of aggravated insults, the Public Prosecutor’s Office will open an investigation ex officio. A sample petition text is available on our website.