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OFFENSE OF INSULT TPC art.125
OFFENSE OF INSULT TPC art.125MATERIAL AND MATERIAL ELEMENTS OF THE OFFENSE OF DAMAGE
The subject of the offense of insult regulated in Article 125 of the Turkish Penal Code is the honor and dignity of the person. It is a crime that can be committed intentionally and by anyone. The victim of insult crime can be real people living. Otherwise, the crime of insulting the memory of the person comes to the fore.
Two elective acts are regulated in the law regarding the offense of insult:
- Attacking honor, honor and dignity by attributing a concrete act or fact
- To harm honor, honor and dignity by swearing.
HOW IS THE OFFENSE OFFERED?
These movements do not necessarily have to be performed verbally. They can also be performed with gestures, writing or pictures. While saying words such as “stupid, dishonest, retarded” to someone directly constitutes the crime of insult, saying that a person steals or commits fraud constitutes the crime of insult by attributing a concrete act or fact. Whether the alleged act is true or not is important in terms of the formation of the crime does not supply. A crime occurs when a certain act is committed in terms of person, subject, place, time, or a certain event is attributed to a certain person. Curses, on the other hand, are not considered within the scope of insult by the Supreme Court.
It should be clear to whom the act constituting the offense of defamation is directed directly. This is called the availability condition. Even if the offense of insult was not committed by targeting the person directly, if it can be understood without a doubt who the insult is directed at, the condition of appeal has been fulfilled.
NO INSURANCE TO THE VICTIM’S FACE
The offense of insult can be committed either against the face of the victim or in his absence. Voice and video messages addressed to the victim are also considered to be made against the victim’s face, it is not necessary for the perpetrator and the victim to be in the same environment. For insulting in absentia, at least 3 people must be met. If at least 3 people learn the insulting word or behavior of the perpetrator, the crime of insulting in absentia occurs.
IS OFFENSE CRIME SUITABLE TO COMPLAINT?
Insulting crime is a crime based on complaint, and the victim should use the right to complain and file a defamation lawsuit within 6 months after learning of the act and the perpetrator, and within the statute of limitations at the latest. Otherwise, the right to complain is lost. The offense of insult against a public official, on the other hand, is not subject to complaint, so there is no time limit.
PENALTY FOR OFFENSING
The penalty for the simple form of defamation is imprisonment from 3 months to 2 years or a judicial fine.
The offense of defamation;
- Due to his duty to the public official,
- Due to the fact that he explains, changes, tries to spread his religious, political, social, philosophical beliefs, thoughts and convictions, and acts in accordance with the orders and prohibitions of the religion to which he belongs,
- Committing the person with reference to the values considered sacred according to the religion he belongs to constitutes the qualified form of the crime, and in this case, the lower limit of the penalty cannot be less than 1 year.
If the insult is committed publicly, the penalty is increased by one sixth.
In case of insulting public officials working as a committee due to their duties, the offense is deemed to have been committed against the members of the committee. However, in this case, the provisions of the article pertaining to the chain crime are applied.
Stj.Av.Rumeysa Özge Uzkan
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