Circumstances Reducing Or Eliminating Punishment For The Crime Of Insult
Committing a Crime in Response to an Unjust Act
Article 129/f.1 of the Turkish Criminal Code No. 5237 stipulates that “if the crime of insult is committed in response to an unjust act, the penalty may be reduced by up to one third, or the penalty may be waived altogether.” The effects of the unjust act must continue, and the insult must have been committed for this reason. Since the law refers to an unjust act, it is sufficient for the act to be unlawful; it does not necessarily have to be a crime.
Committing the Crime as a Response to the Crime of Intentional Assault
If this crime is committed in response to the crime of intentional injury, no penalty shall be imposed on the person. In this case, a ruling that there is no basis for imposing a penalty on the perpetrator shall be issued. The Court of Cassation also ruled in one of its decisions that “Since it is understood that the crime of insult was committed in response to the unlawful act of the participant, who grabbed the defendant by the arm and pushed him downstairs with the intent to cause intentional injury, pursuant to Article 129/2 of the Turkish Penal Code and Article 223/4 of the Criminal Procedure Code, no penalty shall be imposed.”
Mutual Commission of the Crime: Reciprocal Insult
Article 129/f.3 of the Turkish Criminal Code states, “In the event of mutual insult, depending on the nature of the incident, the penalty imposed on both or one of the parties may be reduced by up to one-third, or the imposition of a penalty may be waived.” This gives the judge discretion to reduce the penalty or waive the imposition of a penalty in cases of mutual insult. According to this provision, the mutual commission of the act is regulated as both a reason for reduction and a reason for personal exemption from punishment.