1. What Is an Insult? (Turkish Penal Code Art. 125)
Under Turkish law, the offence of insult covers words or acts capable of harming a person’s honor, dignity, and reputation. The legislator defines this offence in two principal forms:
Attribution of a Concrete Act or Fact: Alleging an unproven specific act to a person, such as stating “You committed theft” or “You took a bribe.”
Swearing / Verbal Abuse: Using abstract insults or degrading expressions intended to attack a person’s dignity, such as “idiot,” “dishonorable,” or “without integrity.”
Important Distinction: Mere “rude or impolite speech” (e.g., discourteous expressions) may not constitute an insult according to the case law of the Court of Cassation. However, the boundary is very narrow, and each case must be assessed on its own merits.
2. Aggravating Circumstances (Qualified Forms of Insult)
In certain situations, the penalty imposed is more severe than in the basic form of the offence (TPC Art. 125/3–4):
Against a Public Official: If committed due to the performance of official duties (e.g., insulting a police officer, doctor, or judge during the execution of their duty).
Against Religious Values: Insulting the sacred values of the religion to which a person belongs.
Publicity (Social Media): If the insult is committed in a public manner where it can be seen or heard by others (Twitter, Instagram, in public spaces, etc.), the penalty is increased by one-sixth.
3. Investigation and Trial Process (Criminal Procedure Code)
The answer to the frequently asked question “How does the process work?” is as follows:
Requirement of a Complaint (TPC Art. 131): The basic form of the offence of insult is subject to complaint. The victim must file a complaint within six months from the date they become aware of the act and the perpetrator. If the complaint is withdrawn, the case is dismissed.
Mediation (CPC Art. 253): The offence of insult (excluding insult against a public official) falls within the scope of mediation. Before filing a public case, the file is referred to a mediator. If the parties reach an agreement (apology, donation, or monetary compensation), no lawsuit is filed and the matter is concluded. If no agreement is reached, prosecution proceeds.
4. What Is the Penalty? Will There Be Imprisonment?
The main concern of citizens is the possibility of imprisonment. The system under the Turkish Penal Code operates as follows:
Imprisonment or Judicial Fine: For the basic offence of insult, the judge may impose imprisonment from three months to two years, or a judicial fine.
Penalty in Qualified Cases: In cases of insult against a public official, the lower limit of imprisonment cannot be less than one year.
Deferral of the Pronouncement of the Judgment (HAGB): If the accused has no prior conviction for an intentional offence and the imposed sentence is under two years, courts generally decide on HAGB. This means: “If you do not commit another offence within five years, this sentence will be deemed not to exist.” In practice, the person does not go to prison.
Execution Law: Even if imprisonment is imposed, due to the low sentence length (and rules such as probation), serving time in a closed prison is generally not applicable (except in cases of repeat offenders).
7. The “Financial” Aspect: Moral (Non-Pecuniary) Compensation
In addition to criminal proceedings, a person subjected to insult may file a claim for non-pecuniary (moral) damages before civil courts on the grounds that their personal rights have been violated (Turkish Code of Obligations Art. 58).
This lawsuit is independent of the criminal case.
A conviction obtained in the criminal proceedings may be used as evidence in the compensation case and facilitates success.
The amount of compensation is determined by the judge based on the parties’ economic conditions, the severity of the insult, and whether it was committed publicly.
