What is the Crime of Insult?
Insult is the use of a derogatory or humiliating expression that offends the honor and dignity of a person. The Turkish Penal Code (TCK) regulates this crime and stipulates various penalties for the person who insults.
Penalty Reduction in Insult Crimes
Penalty reduction in insult crimes may be possible in some special cases. These situations are;
• Mutual insult: If the insult is committed mutually, depending on the nature of the incident, a 1/3 reduction may be given to both parties or one of the parties, or it is possible for no penalty to be given.
• Insult in response to a tort: If the insult is committed in response to an unjust act of the insulted person, a penalty reduction of up to 1/3 may be given to the perpetrator, or it is possible for the perpetrator not to be given any penalty at all, depending on the nature of the incident.
Effective Remorse and Penalty Reduction
Effective remorse is an important concept in criminal law. If the perpetrator regrets the crime he committed and fulfills certain conditions, his sentence may be reduced or his sentence may be pardoned. However, effective remorse provisions are not always applied in special crimes such as insult. For example, the crime of insulting the president, regulated in Article 299 of the Turkish Penal Code, is a special insult crime and the effective remorse penalty reduction provisions are not applied for this crime.
Remorse in Insult Crimes
Remorse in insult crimes usually manifests itself in actions such as apologizing to the victim and making corrections in the environment where the insulting statement was spread. This situation may be taken into consideration by the court in determining the penalty and a reduction in the amount of the penalty may be provided.
