……………. INSULT TO THE ON-DUTY PUBLIC PROSECUTOR’S OFFICE
COMPLAINANT :
ATTORNEY :
DEFENDANT :
DATE OF OFFENSE : ../../….
CRIME: Insult, Defamation, and other crimes that your office may deem appropriate.
EXPLANATIONS :
The suspect worked at the client’s place of business for a period of time. During this period, the suspect borrowed a sum of money from the client but failed to repay it. The client initiated enforcement proceedings against the suspect regarding these funds, which were sent via bank account. A dispute arose between the client and the suspect for this reason.
In the correspondence between the suspect’s phone number …….. and the client’s phone number …………. between ../../…. and ../../…. , the suspect insulted the client, as seen in the records attached. Despite the client warning the suspect not to write to him and not to disturb him, the suspect continued to write persistently and solely with the intent of disturbing the client. Most of the insults addressed to the client by the suspect have been deleted from the WhatsApp records. The client was only able to take screenshots of a certain portion of these insults.
Due to these actions committed by the suspect, the crime of insult regulated in Article 125 of the Turkish Criminal Code (TCK) and the crime of disturbing the peace and tranquility of individuals regulated in Article 123 of the TCK have been committed.
Article 125 of the Turkish Criminal Code states: “A person who attributes a concrete act or fact that could damage the honor, dignity, and reputation of another person (…)[45] or who attacks the honor, dignity, and reputation of another person by cursing shall be punished with imprisonment from three months to two years or a judicial fine. For an insult made in the absence of the victim to be punishable, the act must be committed in the presence of at least three people. (2) If the act is committed through an audio, written, or visual message addressed to the victim, the penalty specified in the above paragraph shall be imposed.” Therefore, the insults directed at my client constitute a crime under the Turkish Penal Code.
After carefully reviewing all these matters, we request that a public prosecution be initiated to punish the suspect for his actions, which constitute a crime under Article 125 of the Turkish Criminal Code.
EVIDENCE: Screen captures and other evidence.
LEGAL GROUNDS: Article 125 of the Turkish Criminal Code and related legislation.
CONCLUSION AND REQUEST: For the reasons briefly explained above, I request that the necessary procedures be taken to punish the suspect.
Plaintiff’s Attorney