Follow-up is a complaint-related crime. In other words, when the victim abandons the complaint, the file falls. Only the pursuit of insult to a public official does not depend on the complaint. The offense of insult is regulated in the Crimes Against Persons section of the Turkish Criminal Code No. 5237 and in the Crimes against Honor section. Crimes against honor are crimes aimed at preventing attacks on a person’s spiritual existence and protecting the right to honor. The offense of defamation is between 125 and 131 of the TCK. among its articles, it is organized under the heading of crimes against Decency. The offense of defamation can be committed in 2 different ways:
Attribution of a concrete situation and phenomenon that may offend your honor, honor and dignity (For example, that man is a murderer, that woman was caught stealing, etc.)
Swearing (Sleazy, dog, inglorious, etc.)
The crime of defamation is an attack on the personal rights of a person directly arising from being an individual. With the offense of insult, “honor”, which is a social concept, and a person’s self-esteem are protected. The human personality is a whole with its material and spiritual existence. It is necessary to protect one’s spiritual existence as well as one’s material (physical) existence. While a person’s material existence is protected by crimes against the integrity of the body, such as manslaughter, wounding; his spiritual existence is also protected by crimes against honor (insult, etc.) are protected. The material and spiritual existence of man is defined in Article 17 of the Constitution. it is protected by its substance.
The crime of insult is one of the types of crimes that have found an extremely widespread application in Turkish Criminal Law. The Second Part of the Second Book of the Turkish Penal Code No. 5237 on Crimes Against Persons is organized between articles 125-131 in the Eighth Section of the section entitled “Crimes Against Decency“. In this article, as Ancient Law and Consultancy, we will explain to you the offense of insult, the characteristics, elements, punishment, the court in charge of the offense of insult, the statute of limitations, reconciliation, complaint period, judicial fine for the offense of insult, postponement and postponement of the announcement of the verdict.
WHAT IS THE OFFENSE OF DEFAMATION?
TCK 125. the offense of insult contained in the article is an elective mobile type of crime in this respect, consisting in the form of “attributing a concrete act or fact” that may offend someone’s honor, honor and dignity, or reducing someone’s honor, honor and dignity by “cursing”.
On the other hand, the offense of defamation is within the scope of the general offense of defamation of the crime types described as defamation crimes. There are also types of crimes that are called special insult crimes and protect other legal values in addition to or apart from the honor of individuals;
Insulting the President, which are crimes that fall under the Crimes against the Signs of Sovereignty of the State and the Dignity of its Organs (TCK m.299),
The humiliation of the signs of the sovereignty of the state (TCK m.300),
Humiliation of the Turkish nation, the State of the Republic of Turkey, institutions and organs of the state (TCK m.301)
Insult against the flag of a foreign state, organized under Crimes against Relations with Foreign States (TCK m.341) as.
The terms of the offense of defamation are only 125. it is not limited to matter. 125 In the eighth section of the second part of the Turkish Penal Code entitled “Crimes against Honor”. crime of insult and qualified cases in the article, 126. identification of the victim in article 127.article proof of accusation, 128. immunity of claim and defense in article 129. in the article, the reasons requiring the abolition or reduction of the penalty are regulated. 130. the article bears the title ”insult to the memory of the person”,. 131. the article, on the other hand, is about the procedure for investigation and prosecution.
You can reach our other articles, sample decisions and petitions by clicking here