Defamation Offense and Punishment
The offense of defamation is regulated in articles 125 v. of the Turkish Criminal Code No. 5237.
The simple (basic) form of the offense of defamation is defined in the TCK as follows:
“He who imposes upon a person a concrete act or fact which may offend his honor, honor and dignity, or who attacks the honor, honor and dignity of a person shall be punished.”
The legal value protected by the offense of defamation is honor, honor and dignity. For this reason, the offense of defamation is regulated in the “Crimes against Honor” section of the TCK. It is also stated in the grounds of the article that it is intended to protect the honor, dignity and honor of persons, their reputation in society, and their dignity in relation to other individuals.
How is the offense of defamation committed
It is impossible to count the words that caused the occurrence of the offense of libel individually in the law. In order for the crime to be embodied, a concrete act or fact that offends one's honor, honor or dignity must be imposed, or the honor, honor or dignity of the person must be attacked by slander. As can be seen, what is important in the offense of defamation is the punishment of acts that offend the person, devaluing them in society.
There is no doubt that openly uttering such words as “bloodless”, “dishonest”, “stupid”, “stupid”, “animal” to a person will constitute a crime of insult.
It is also accepted that the act of insult can be committed by negligence. For example, not responding to the victim's word and not squeezing the hand he extended is considered in this context.
The right to petition and criticism, the right of the press to publish news, Immunity of claim and defense The words and actions performed within the scope of the act do not constitute a crime of defamation.
The Supreme Court did not consider it a crime of defamation to shout “there are scammers” without mentioning a name. Because it decided that the defendant should not be punished for the offense of defamation, since the offense that was the element of the crime in question was not directed against a person did not take place.
Words of a Beddua nature do not constitute a crime of insult. For example, words such as “God bless you”, “I hope you have an accident” and “haram, may I wish you to have an accident” are not considered a crime of insult by the Supreme Court, but are often referred to as rude, unpleasant words.
Insult by Voice, Written or Video Message
If the act is committed by an audio, written or video message that receives the victim from the addressee, the punishment specified in the paragraph above is imposed (TCKM.125/2). Insulting the person by means of letters, telegrams, telegrams, telephones and similar means should also be punished as insults in public. Therefore, the offense of defamation can also occur with Phone, E-mail, Whatsapp message and SMS.
Committing a Defamation Crime in the Victim's Absence
The insult can be committed against the victim's face or the offense of defamation can be committed through various means of communication. In the offense of defamation committed by means of communication, it is enough for the victim to learn the insult, the insults carried out in this way are like insults carried out against the face.
In the absence of the victim, at least 3 people must learn about the insult so that the insult by the perpetrator can constitute a crime. The three persons we are referring to here are other than the perpetrator, and all of them need not learn at the same time or be in the same place for the offense of insult to occur.
Identification of the Victim in the Crime of Defamation
Even if the name of the victim is not explicitly mentioned in the commission of the offense of defamation or has been passed on the record, if there is a situation of its nature and that cannot be stopped when it is directed against the victim, both the name and the insult are considered disclosed. (TCK 126)
Insult to the Memory of the Person
A person who insults the memory of a person after his death by disputing with at least three persons, punishable by imprisonment from three months to two years or a judicial fine. The penalty is increased in the event of a public commission of insult, by the rate of one in six. (TCK 130/1)
A person who partially or completely takes the corpse or bones of a dead person, or makes destructive verbs about the corpse or bones, punishable by imprisonment from three months to two years. (TCK 130/2)
Due to unfair action or mutual insult (reasons that eliminate or reduce the punishment)
If the offense of defamation is committed in response to an unjust act, the penalty to be imposed can be reduced by up to a third, as well as the imposition of punishment may be waived. (TCK 129/1)
If this offence is committed in response to the offence of wilful wounding, the person is not punished. (TCK 129/2)
In case of mutual commission of the offense of defamation, according to the nature of the incident, it will be issued about both or one of the parties the penalty can be reduced to a third, as well as the imposition of punishment can be waived. (129/3)
In what cases is the penalty for the offense of defamation increased?
of the offense of defamation;
Because of his duty to a public official,
Because he explains, modifies, tries to propagate his religious, political, social, philosophical beliefs, thoughts and beliefs, and acts in accordance with the orders and prohibitions of the religion to which he belongs,
With a bet on the values consecrated according to the religion to which the person belongs, if committed, the lower limit of the penalty may not be less than one year.
In case of public commission of insult, the penalty is increased by one in six.
If the public officials who work as a board are insulted for their duties, the crime is considered committed against the members who make up the board. However, in this case the provisions of the article relating to the crime of chaining apply.
Punishment for Public Defamation
In case of public commission of insult, the prescribed penalty for the offense of defamation will be additionally increased by 1/6. For example, in a TV program or in a school, insulting by shouting in the street leads to a public commission of the offense of defamation.
For publicity to occur, it is not enough for others to be present at the scene. If it is possible that the insulting word or behavior can be seen, heard and perceived by an undetermined number of persons, the offense of public defamation will be committed. In order for the offense of defamation to take place, it is necessary that the act be committed in places that are open to the public without any limitations.
Offense and Punishment of Defamation to the President (TCK 299)
Offense of insulting the president, TCK was also regulated in article 299. The crime of insulting the President of the Republic is punishable by the imposition of verbs and adjectives that shake the feelings and thoughts of society about the social value of the President.
As can be seen from the form of regulation of the article, it is desirable to preserve the “honor” of the president as a legal concept, not the functions, function, duty performed by the president with the crime of insulting the president.
The prosecution of the crime of insulting the President is subject to the permission of the Ministry of Justice.
The penalty for insulting the president is from 1 year to 4 years in prison. In case of public commission of the crime, the penalty will be increased by 1/6. For example, if the act is committed on the Internet through social media, by means such as radio, television, etc., or in an environment where everyone is likely to hear it, it is considered that the crime of insulting the president is committed publicly.
Offense of insulting the president the sentence of imprisonment imposed on it may be translated into a judicial fine, postponed, or an order may be issued to return the disclosure of the sentence on the defendant.
What is the Condition for Investigation and Prosecution in the Crime of Defamation?
The investigation and prosecution of the offense of defamation depends on the complaint of the victim, except for the one committed because of his duty against a public official. If the victim dies before making a complaint, or if the crime has been committed against the memory of the deceased; the second degree of the deceased's upper and lower descendants may be filed by their spouse or siblings.
What is the penalty for defamation?
Punishment for the crime of simple defamation (TCK 125/1)
The punishment for the offense of defamation, differs according to which of the simple or qualitative forms of the crime was committed. In the simple form of the offense, that is, in the case of an insult to the face of a person who is not a public official, the penalty for the offense of defamation is imprisonment or a judicial fine from 3 months to 2 years.In the simple form of the offense, the judge will issue either a prison sentence or a judicial fine.It is not possible to issue both sentences at the same time. The judge must also clearly justify in his reasoned decision why he gave a prison sentence or a judicial fine.
Punishment for the offense of qualified defamation (TCK 125/3)
In the qualified cases of the crime punishment for the offense of defamation, Between 1 year and 2 years. The fact that the victim is a public official (lawyer, judge, civil servant, etc.) and the fact that the insult was committed because of his duty, insulting the sacred values of the religion to which the person belongs or the exercise of freedom of religion is considered a qualified form of insult crime.
The penalty is increased by half in the case of insult committed against medical personnel serving in public or private health institutions and organizations and auxiliary medical personnel due to their duties. In addition, the imposed prison sentence cannot be postponed. (Law No. 7243 m.28).
Is the offense of defamation tied to the complaint and is it subject to settlement?
The offense of defamation is one of the offenses connected with the complaint. Therefore, when this crime occurs and is found out by the investigating authorities, the investigation will not be initiated, but the victim's complaint will be sought. Guilty of defamation the duration of the complaint is 6 months. If the person does not complain within 6 months, he will no longer lose this right.
However, complaints are not sought in the qualified cases of the crime, if the qualified cases of the crime have been committed, investigation and prosecution are carried out re's.
The crime of defamation in its simple form is a crime subject to compromise. (CMK 253 et al.)
Limitations on Defamation Offense
The term of complaint for the offense of defamation is 6 months. If a complaint is filed within 6 months from the date of learning of the crime within the limitation period of the case, investigation proceedings will be initiated.
The Conversion of the Punishment for the Crime of Defamation into Option Sanctions
Imprisonment for the simple reason of the crime, since the judge can impose a direct judicial fine on the grounds of the offense of defamation to a judicial fine can not be translated. However, the lower limit of the sentence to be prescribed by the judge may not be less than 1 year in the presence of qualified circumstances requiring the heavier punishment contained in TCK 125/3. In this case, it is possible to translate the punishment into a judicial fine.
If the penalty as a result of the offense of defamation is 2 years or less imprisonment Procrastination provisions may apply.
If the penalty as a result of the offense of defamation is 2 years or less imprisonment revocation of the disclosure of the provision The provisions can be applied.
Competent and Competent Court in the Crime of Defamation
The court in charge of the offense of defamation is the Court of First Instance. In accordance with the rules of jurisdiction enshrined in the Code of Criminal Procedure from the point of view of the competent court, the court where the crime was committed shall be the competent court.
Defamation Lawyer
It will certainly be in your favor to file your defense together with a criminal lawyer, since they are crimes punishable by a criminal offense as they are crimes of defamation. It does not matter where the lawyer who handles defamation cases is, or where the crime was committed, for which you are going to work. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. That is why you do not need to search for criminal lawyer Istanbul, criminal lawyer Bakırköy, criminal lawyer Çağlayan, criminal lawyer Kartal.