How Do I Open a Defamation Case?

16 Jan How Do I Open a Defamation Case?

The Defamation Case and the explanation of the. Insult un element have been regulated in articles 125-131 of the Turkish Penal Code numbered 5237.

First of all, it is possible to talk about the existence of an insult in the following cases if the crime of defamation has occurred: The existence of a concrete act or phenomenon capable of hurting a person’s honor, honor and dignity and causing harm to be harmed by the same attacking a person’s dignity, honor and dignity are elements that give rise to an insult.

Here are some examples of insulting cases;

One person is open to “dishonor”, ​​”dishonor“, alı idiot ”, etsiz stupid ays,” animal ”,“ scrape açık etc. Saying such words constitutes the guilt of insults.

To say to someone who is walking disgruntled to say ”God’s lame man bir,“ blind fellow, constitutes the offense of insult.

When a person is told that aret you stole my belongings eş, the crime of insult does not occur. However, the person committed to the crime of a theft before, “you are a thief,” he gives offense to the offense blame.

Defamation offense does not have to be carried out only by words. The act of defamation can be processed by writing, form, image, hand sign or gestures. For example, it is a crime to insult a person to put human feces on his desk.

The right to petition and criticism, the press’s right to publish news, the allegations and allegations of defense immunity are not the offense of insult.

Punishment of Defamation

The penalties imposed on an individual are punishable by law. This penalty is given in accordance with Article 125 § 1 of the Turkish Criminal Code.

Defamation Offenses Against Public Officials: As an exception, the offense is committed against an officer and in the context of the duty of this officer.

The other exceptions that increase the penalty in defamation cases (qualified cases) and other exceptions applied in defamation cases can be listed as follows:

Religious, political, social, philosophical beliefs, thoughts and convictions, change, trying to disseminate, to act according to the orders and prohibitions of the religion of his religion due to acts of defamation and according to the religion of the person through the values ​​of the offenses committed in the offense punishment through the values ​​of the punishment to be started from 1 year .

The penalty is increased by 1/6 in cases where it is determined that the insult is clearly committed publicly.

If the offense of a defamatory offense is committed in response to an unfair act, it may be decided to reduce it to 1/3 of the sentence. Furthermore, it is foreseen that the complainant shall not take any offense in the cases referred to in Article 129 of the Turkish Penal Code. To give an example, if a person committed a crime of defamation in response to the offense of injury, this offense is not punished.

On the offense of defamation against the victim’s face, it is enough for the victim to learn the words or behaviors that contain insults. Victims phone, mail, letter, sms etc. such as insulting by using communication methods are also made against the face of the victim. It is enough for the victim to learn about the insult to them through these means of communication.

In the absence of the victim, the offense of insult may be caused by at least 3 people learning the words and behavior of the insulting person. In cases where there is no victim in the insulted environment, in other words, the person who acts as an insult in the absence of an offense is required to be processed in case of a conflict with 3 persons. Those who insult the three persons are not involved. It is not necessary for three people to be in the same place; For example, in the absence of a victim in a garden cavity, the words of a person shouting inde that bastard, dishonorable mağ become a crime of defamation when he hears other neighbors living in their own homes.

Punishment in the form of mutual defamation: In the same way, if the offense was carried out mutually by both parties, it is foreseen that a crime was not given or that the given crime would be reduced by 1/3.

Application for Defamation Case

In order to process defamation cases, a petition must be filed with the Office of the Chief Public Prosecutor within 6 months after the defamation has taken place or a complaint must be filed with the police and the qualified states of the offense are not subject to complaint. Therefore there is no limit to the duration of any complaints. In the event that the qualified cases of the offense are committed, the public prosecutor opens an investigation. The sample petition text is available on our website.