According to Article 216 of the Turkish Penal Code, it is a crime to incite a segment of the public to hatred and hostility or to insult another segment of society with different characteristics in terms of social class, race, religion, sect or region. In order for this crime to occur, the perpetrator must act publicly, that is, carry out his words or actions in public.
Elements of the Crime:
Perpetrator: The person who committed the crime can be anyone.
Victim: The person or group affected by the crime is a segment of the public. This segment is defined according to different characteristics such as social class, race, religion, sect or region.
Act: The perpetrator must act in a way that causes hatred and hostility towards the victimized group. This action may be accomplished through verbal or written expression, image, or any other means.
Qualified Situation: The qualified state of the crime is that the perpetrator’s act creates a clear and present danger to public security. This means that the perpetrator’s words or actions are likely to lead to violence or hatred.
Penalty:
The penalty for inciting the public to hatred and hostility or humiliating the public is imprisonment from one to three years and a judicial fine of up to five thousand days. If it is committed in a qualified manner, the penalty is increased from three to five years of imprisonment and a judicial fine of up to ten thousand days.
Legal Basis:
The crime of inciting the public to hatred and hostility or insulting is regulated in Article 216 of the Turkish Penal Code. According to this article, if the perpetrator’s action is likely to disturb public peace or endanger public security, the penalty may be increased.