AGGRAVATED FORMS OF THE CRIME OF INSULT
Against a public official in connection with their duties,
Any person may be the victim of the crime of insult, but insulting a public official in connection with their duties is an aggravating factor in the punishment of the crime. For this reason, it is not sufficient for the insult to be directed at a public official; it must have been committed in connection with the public duties performed by the public official.
For expressing, changing, or attempting to spread their religious, political, social, philosophical beliefs, thoughts, and opinions, or for acting in accordance with the commands and prohibitions of their religion,
By referring to values considered sacred according to the person’s religion,
When the insult is committed publicly
In general, it must be accepted that publicness has occurred when the act is said in an environment where it can be seen and heard by anyone.
PENALTY FOR THE CRIME OF INSULT
Different penalties are envisaged for the basic form of the crime and its qualified forms. Therefore, we will specify the amounts of punishment corresponding to the basic and qualified forms separately.
Simple Insult
The crime of simple insult is regulated in Articles 125-(1) and (2) of the Turkish Criminal Code. “A person who attributes a concrete act or fact that could damage the honor, dignity, and reputation of another person (…) or who attacks the honor, dignity, and reputation of another person by cursing shall be punished with imprisonment for a term of three months to two years or a judicial fine. For the offense to be punishable in the absence of the victim, the act must be committed in the presence of at least three persons. 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. If the simple form of the offense is involved, the defendant shall be punished with imprisonment for a term of three months to two years or a judicial fine.
If the simple form of the crime is involved, the judge will impose either a prison sentence or a fine.
Aggravated Insult
If the offense of insult is committed:
Against a public official due to their duties,
Because of their expression, change, or attempt to spread their religious, political, social, philosophical beliefs, thoughts, and opinions, or because of their behavior in accordance with the commands and prohibitions of their religion,
By referring to values considered sacred according to the religion to which the person belongs, the minimum penalty shall not be less than one year.
If the offense of insult occurs in the qualified circumstances mentioned above, the minimum sentence shall not be less than one year. The fact that the victim is a public official and that the insult was made because of their position, or that the insult was made against the sacred values of the religion to which the person belongs or against the exercise of religious freedom, is considered a qualified form of the offense of insult.
Another circumstance that increases the penalty is if the insult is committed publicly. If the insult is committed publicly, the penalty is increased by one-sixth. In general, it must be accepted that publicity has occurred if the act is said in an environment where it can be seen and heard by anyone. In this case, an unspecified number of people will be able to easily learn of the insult.
Nowadays, it must also be accepted that publicity has been achieved in cases of insult committed via social media tools such as Twitter, Instagram, and Facebook.