Defamation Lawyer
16
Jul
Aiming to initiate an investigation, prosecution or administrative sanction against a person by accusing him of an unlawful act, even though he knows that he did not commit it, brings the crime of slander to the agenda. can grow.
Not every statement contrary to the truth is slander; The specific intent and the extent of reporting to the competent authorities are examined. In practice Kağıthane Criminal Lawyer It is important to determine the intersection points early.
Important: Obtaining a special legal evaluation of the file before giving a statement or taking action on digital evidence can prevent irreparable loss of rights.
How is the Crime of Slander Occurred?
Slander may occur by reporting or complaining to the competent authorities about an unlawful act that is known to have not been committed by the victim, or by attributing it through the press. Fabrication of criminal evidence and artifacts, protective measures for the victim, or resulting in a conviction may affect the sanction.
Major Issues of Importance in the File
- Whether the alleged act is against the law or not
- Whether the person making the accusation knew that the act was not committed
- Purpose of mobilizing competent authorities
- The boundary between exercising the right to complain and slander
- Production of false evidence or alteration of evidence
- Occurs as a result of detention, arrest or conviction of the victim
Examining these issues systematically before a lawsuit or application helps establish claims correctly and prevent unnecessary procedures. In particular, limitation periods, statute of limitations, duty and authority rules should be checked separately depending on the type of file.
Legal Basis and Basic Principles
The crime of slander is regulated among the crimes against the courthouse in the Turkish Penal Code No. 5237. The perpetrator must know that the victim is innocent and intend to take action against him. Effective remorse can be evaluated differently depending on the time of reversal from slander and the resulting outcome.
When making a legal evaluation, not only the name of the event; The nature of the parties, the date of the transactions, the development of the dispute, the existing documents and the applicable periods should be considered together. Two files appearing under the same title may have different legal consequences due to their details.
The Content and Addressee of the Allegation Must Be Determined
The full content of the complaint, petition, post or message should be examined together with the person to whom it is directed. It can be understood from the context whether the expression used is a statement of an event or a knowingly false attribution. The entire conversation or application should be preserved rather than cut screenshots; It should be clarified which process the imputation aims to initiate.
How Does the Process Progress?
| Stage | Explanation |
|---|---|
| first review | By providing the full text of the complaint, notice, petition, post or message, it is determined to whom and to what action the accusation is directed. It is not enough to just read a part of the text; Before and after and the purpose of mobilizing the competent authorities are investigated together. The communication of the parties before the incident and the date of the allegation are converted into a detailed chronology. |
| Preparation | Decisions, documents, camera recordings, correspondence and witness information showing that the accusation is false are brought together. In addition, it is evaluated what information the person making the attribution obtained and when and whether there is a possibility of making a mistake. Because the fact that a claim is not confirmed later does not necessarily indicate that the person knew the truth from the beginning. |
| Application | While preparing a criminal complaint for the victim, the content of the accusation, the events that show the untruth and intent are explained concretely. For the person against whom the allegation is made, the defense must document the differences between the complaint text and the actual incident. In accusations made through sharing or messaging Social Media Crimes Lawyer Within this scope, protection of digital evidence is also important. |
| Follow-up | Records, witness statements and digital reviews requested by the prosecutor's office or the court are monitored regularly. When a new document emerges, how it affects the timeline and the parties' knowledge is re-evaluated. If there are requests for personal rights, removal of content or compensation, apart from the criminal process, the conditions of these remedies are handled separately. |
Referring the Accusation to the Competent Authority
In the evaluation of slander, it is important to whom the statement is made and what process it aims to initiate. A statement in a private discussion and an accusation submitted to the prosecutor's office, law enforcement or administrative authority may not produce the same results. The full text of the petition, post and message must be preserved along with the addressee information.
Documents and Evidence that Can Be Prepared
- Notice, complaint petition and statement minutes
- Decisions of non-prosecution, acquittal or administrative review
- Messages, emails and social media posts
- Camera and location recordings
- Allegedly fraudulent documents or digital data
- Files showing the parties' previous disputes
It is essential that evidence is obtained by lawful methods. Just having the document available may not be enough; It is required to clearly indicate in the petitions which facts you prove and to bring them from the relevant institution when necessary. It is necessary.
The Difference Between Untruth and Mistake
The lack of subsequent verification of a claim does not automatically indicate that the person initially knew it was untrue. Information sources, previous correspondence regarding the incident, and the person's behavior should be evaluated together. In determining intent, it is important to establish a timeline and show what information the parties received and when.
The Role of the Lawyer in the Defamation Lawyer Process
Representation by a lawyer is not mandatory in every dispute. In addition, it is important to determine the legal nature of the file, apply to the right authority, follow the deadlines, present the evidence and evaluate the legal remedies after the decision. Professional support may be important.
- Determining the strong and risky aspects of the file in advance
- Preparation of petitions and requests in accordance with the concrete case
- Responding to the other party's claims and evidence in a timely manner
- Regular follow-up of hearings and interim decisions
- Evaluating the possibility of compromise and litigation risks together
File-Specific Legal Evaluation
In the slander file, as important as the falseness of the accusation, the fact that the person making the accusation is aware of it and the purpose of mobilizing the authorities is also important. Related investigation decisions and party communications should be examined together.
This article has been prepared for general information purposes. It does not constitute legal advice or an opinion on a concrete case. Before the file is finalized Theft Crime Lawyer Possible requests regarding this issue should be reconsidered.
Is a decision of non-prosecution or acquittal alone sufficient?
The closure of an investigation or an acquittal does not automatically mean that the previous complaint is defamatory. The knowledge of the person making the accusation at the time of the incident, the sources he relied on, and whether he knew the truth are also investigated. The justification of the decision and the initial complaint text should be examined together.
How is false imputation evaluated in the crime of slander?
The main investigation in the crime of slander focuses on whether an unlawful act is accused of a person and whether the person making the accusation knows that it is not true. Whether the application is directed to the prosecutor's office, law enforcement, administrative authority or the public is evaluated separately depending on the nature of the incident. It is ensured that complaint petitions, messages, social media posts, witness statements and decisions showing the outcome of the file are not examined together, but only a single statement is taken into consideration. It doesn't work.
How Should Evidence Be Protected in Case of Defamation?
Determining where, when and with what expressions the false imputation was made is the starting point of the evidence plan. In digital content, the link address, date, user information and all content must be protected; Cropped screenshots alone should not be relied upon. In case of official applications, the relevant file number and document samples must be provided. Collecting evidence in accordance with the law makes it easier to explain both the elements of the crime and the consequences of the accusation on the person.
Frequently Asked Questions
Does an acquittal automatically prove slander?
No. An acquittal may indicate that the charge has not been proven; For slander, it must also be proven that the person making the accusation knew his innocence and acted with special intent.
Will everyone who makes a false complaint be punished?
Using the right to complain in good faith does not constitute a crime. Purpose of knowingly making false accusations and initiating legal action is sought.
Can an accusation made on social media be slander?
It can be evaluated if the content has the purpose of mobilizing the competent authorities and other elements of the crime; Insult or violation of personal rights may also come to the fore.
What is the difference between false complaint and slander?
Failure to verify a claim does not in itself constitute defamation. The person's knowledge that the imputation is unrealistic and its purpose are investigated together with the concrete event.
Can criminal charges made on social media constitute slander?
The content of the post, the addressee and the purpose of mobilizing the competent authorities are evaluated. Other legal qualifications such as insult or violation of personal rights may also come to the fore.
What documents are important in a libel claim?
The complaint text, messages, sharing records and documents showing that the allegation is false are examined together. What information the parties received and when should be shown chronologically.
