Insult is using words or actions that may offend someone’s honor, dignity and respect. The crime of insult is regulated in Article 125 of the Turkish Penal Code.
Elements of the Crime of Insult
• Verb: The verb must be committed by words or behavior.
• Intention: The act must be committed intentionally.
• Victim: The victim must be a natural person.
• Insulting Nature: The act must be capable of offending the honor, dignity and respect of the victim.
Punishment for Insult Crime
The penalty for the crime of insult is imprisonment from 3 months to 2 years or a judicial fine.
Qualified Cases of the Crime of Insult
The qualified cases of the crime of insult are as follows:
• Commitment publicly: If the act is committed publicly, the upper limit of the penalty is imprisonment from 4 months to 3 years or a judicial fine.
• Committed through press and publication: If the act is committed through press and publication, the upper limit of the penalty is imprisonment from 6 months to 5 years or a judicial fine.
• Committed against a public official: If the act is committed against a public official, the maximum penalty is imprisonment for up to 1 year or a judicial fine.
• If the act is committed against the authorities that can decide to commit a crime: If the act is committed against the authorities that can decide to commit a crime, the upper limit of the penalty is imprisonment for up to 2 years or a judicial fine.
Complaint for the Crime of Insult
The crime of insult is subject to complaint. However, if the act is committed publicly or through press and publication, it is not subject to complaint.
Statute of Limitations for the Crime of Insult
The statute of limitations for the crime of insult is 8 years.
Prevention of the Crime of Insult
In order to prevent the crime of insult, people must use legal means to defend their rights and not use words or behaviors that may offend the honor, dignity and respect of others.
Examples of the Crime of Insult
The crime of insult can be committed in many different ways, as it can be committed by words or behavior. For example, writing an article that insults a person, calling a person with insulting words, making an insulting gesture towards a person, depicting or photographing a person in a way that offends his honor, dignity and respect may be considered the crime of insult.
The elements of the crime of insult are that the act is capable of offending the honor, dignity and respect of the victim. Therefore, for an act to be considered a crime of insult, it must offend the honor, dignity and respect of the victim. For example, criticism of a person’s clothing style, religious beliefs or political views may not be considered a crime of defamation. However, addressing a person in a derogatory or derogatory manner may be considered a crime of insult, as it may offend his or her honor, dignity and respect.
