What is the Crime of Slander?
First, let’s briefly explain what the crime of slander is. According to the Turkish Penal Code, the crime of slander occurs when a person intentionally informs others that he/she has committed an untrue act, in other words, when he/she lies. This crime both harms the honor and dignity of the person and negatively affects social relations.
What is Effective Remorse in the Crime of Slander?
Effective remorse is a legal situation in which the person who committed a crime shows that he/she understands the crime he/she committed and regrets it, and asks for his/her sentence to be reduced. Effective remorse in the crime of slander occurs when the person who was slandered recants before the investigation begins or after the lawsuit is filed but before the verdict is given.
In Which Cases is the Penalty Reduction Applied in the Crime of Slander?
Remorse Before the Investigation Begins: If the slanderer recants before the investigation begins, a 3/4 reduction is applied to the sentence to be given.
Remorse After the Case is Filed: If the slanderer is withdrawn after the case is filed against him/her but before the verdict is given, a 2/3 discount is applied to the sentence to be given.
Conditions for Effective Remorse
In order to benefit from effective remorse, certain conditions must be met:
Spontaneity: Remorse must be completely spontaneous, not under any pressure or coercion.
Sincerity: It must be understood that the remorse is sincere, that is, it is not just to avoid punishment, but truly remorse.
Timing: Remorse must occur within the specified periods during the investigation or trial phase.
Points to Consider Remorse in the Crime of Slander
Burden of Proof: Whether remorse has occurred is evaluated by the court in light of the defendant’s allegations and other evidence.
Legal Assistance: The process of effective remorse in the crime of slander is a highly technical matter. Therefore, consulting a lawyer is of great importance in terms of protecting your rights.
Personal Consequences: The punishment for the crime of slander may have not only legal but also social and psychological consequences.
