The defamation case lawyer provides support for the correct conduct of the criminal law process due to words, writings, posts or behaviors that harm the honor, dignity and respect of the person. Crime of insult; It can be processed face to face, by phone, by message, via social media or in the absence of the victim.
In Istanbul, insult allegations come to the fore frequently, especially due to social media use, business life, neighborly relations and family disputes. For this reason, the complaint, evidence collection and defense process must be carried out carefully.
If there are other acts such as threats or persistent pursuit along with insults, threatening crime and punishment This topic may also attract your attention.
What is the Crime of Insult?
The crime of insult is the attribution of a concrete act or fact that may offend a person's honor, dignity and prestige, or attacking his personal values through swearing. According to TCK Article 125, the basic form of this crime is sanctioned with imprisonment or judicial fine.
Not every rude word or argument constitutes the crime of insult. The statement must be evaluated according to the whole incident, the position of the parties, the place where the statement was made and its purpose.
What Does a Defamation Lawyer Do?
The defamation case lawyer provides support for the victim in preparing the complaint petition, collecting evidence, following the prosecution process and, if necessary, evaluating the claim for compensation.
From the suspect's or defendant's perspective, whether the statement is considered an insult, whether it is within the limits of criticism, the legality of the evidence and the defense strategy are evaluated. at this point criminal lawyer Getting support can help manage the process correctly.
Which Words Are Considered Insults?
Directly speaking insulting, humiliating or degrading words to a person may constitute the crime of insult. Attributing a concrete crime, immorality or a humiliating feature to the person can also be evaluated in this context.
However, each incident is examined on its own. Sometimes harsh criticism, rude address or words spoken during an argument may not constitute the elements of the crime of insult.
| Expression Type | Legal Evaluation |
|---|---|
| insulting insult | It may constitute a crime of insult. |
| Concrete verb imputation | If it damages honor and reputation, a crime may occur. |
| harsh criticism | It may not be considered an insult on its own. |
| Humor or irony | It is evaluated according to context. |
| Public sharing | An increase in penalties may be on the agenda due to publicity. |
Difference Between Criticism and Insult
Criticism is intended to evaluate a person's behavior, decisions or statements. The limit of criticism can be considered wider, especially for public figures, those who carry out professional activities or those who make statements on social issues.
Insult, on the other hand, goes beyond the limit of criticism and directly targets the honor, dignity and dignity of the person. Making this distinction correctly is of great importance for both the victim and the suspect.
Insult from Social Media
Comments, messages, shares, tagging or story contents made on social media may be subject to the crime of insult. Content on Instagram, X, Facebook, TikTok, WhatsApp and similar platforms can be considered as evidence.
In such files, a screenshot alone may not always be sufficient. The URL information of the content, date-time record, username, profile information and, if possible, notary or expert-supported detection are important.
Insulting via WhatsApp and Message
Insulting messages sent via WhatsApp, SMS, e-mail or other messaging applications may also be evaluated within the scope of TCK Article 125. It is also important to insult the victim through a written or video message.
In this case, messages should not be deleted, screenshots should be kept and, if possible, the integrity of the conversation should be preserved. It is important to evaluate the entire event, not just a single sentence.
What is Insult in Absentia?
Insulting in absentia is insulting a person in his absence, rather than to his face. According to TCK Article 125, in order for insult to be punished in the absence of the victim, the act must be committed with at least three people.
For this reason, "every word spoken in the absence of the victim" does not automatically constitute the crime of insult. It is also examined to whom the words were spoken, how many people heard them, and whether the victim can be identified.
What Does Public Insult Mean?
Public insult is when the act is committed in a way that an unspecified number of people can see or hear it. Social media sharing, open group conversation, or words spoken in a public setting may cause public controversy.
Within the scope of Article 125 of the Turkish Penal Code, if the insult is committed publicly, an increase in the penalty may be considered. Therefore, it is important whether the sharing is made in a private account, a public profile or a closed group.
Insulting a Public Official
Committing the crime of insult against a public official due to his/her duty may be considered as a qualified situation. For example, insulting a police officer, teacher, doctor, civil servant or municipal official due to their duties may come to the fore in this context.
In such files, the connection of the event to the task, the environment in which the words were spoken and the position of the parties should be carefully examined.
Complaint Period for Insult Crime
As a rule, the crime of insult is among the crimes subject to complaint. The complaint period begins as soon as the act and the perpetrator become known; However, due to current regulations, maximum time limits should also be taken into account for the crime of insult.
Missing the complaint period may lead to loss of rights in terms of criminal investigation. For this reason, when an insulting word, message or post becomes known, a legal evaluation should be made without delay.
Conciliation and Prepayment in the Crime of Defamation
Conciliation and prepayment application in the crime of insult may vary depending on the date the act was committed, the way the insult was committed, and whether the crime is a qualified case. For this reason, the same process is not automatically run on every file.
Current regulations should be evaluated separately, especially for insults committed via social media or written messages. Making a mistake at this stage may have serious consequences for the victim or suspect.
What is the Evidence in a Defamation Case?
In a defamation case, evidence is of great importance in terms of proving the incident. While witness statements come to the fore in verbal insults, screenshots, message records, links and platform information gain importance in written or digital insults.
| Type of Evidence | Area of Use |
|---|---|
| screenshot | For social media and message content |
| witness statement | For insulting face to face or in a public environment |
| Notary detection | Against the risk of loss of digital content |
| HTS and digital records | Message or call claims |
| camera recording | In workplaces, apartments or public areas |
| Expert review | Verifying digital evidence |
Illegal methods should be avoided during the evidence collection phase. Records obtained illegally may not provide the expected results in the file.
How to File an Insult Complaint?
An insult complaint can be made by submitting a complaint petition to the Chief Public Prosecutor's Office. In the petition, the date, place, insulting words or posts, perpetrator information and evidence must be clearly stated.
Incomplete or unclear preparation of the complaint petition may prolong the investigation.
Can Non-Pecuniary Damages Be Requested in a Defamation Case?
In addition to criminal investigation, an act of insult may also be subject to a claim for non-pecuniary damages due to an attack on personal rights. The victim may file a lawsuit for compensation in civil court to compensate for the moral damage he has suffered. Criminal cases and compensation cases are different processes.
How to Defense in the Crime of Insult?
For the person facing the allegation of insult, defense is not just about saying "I didn't say it." The context of the statement, the addressee, the scope of the post, the limit of criticism and the reliability of the evidence should be evaluated together.
In some cases, the words may be harsh criticism or the alleged statement may not belong to the defendant. Therefore, the defense strategy must be prepared according to the characteristics of the file.
Defamation as a Response to a Tort
Within the scope of TCK Article 129, if the insult is committed as a reaction to an unfair act, a reduction in the penalty or no penalty may be considered. However, this is not automatically applied to every file.
The court evaluates the nature of the previous incident, the gravity of the insult and the relationship between the parties. For this reason, the entire incident should be revealed in files involving mutual discussion.
Mutual Insult Situation
In cases where the parties insult each other, mutual insult provisions may come to the fore. In this case, the court evaluates the development of the incident and the words of the parties together.
In mutual insults, both parties complaining or only one of the parties complaining may affect the process. It is therefore important that the evidence be presented in its entirety.
How Long Does a Defamation Case Last?
Duration of defamation case; It varies depending on the scope of the investigation, collection of evidence, conciliation or prepayment process, workload of the court and the number of parties. Due to the density of files in Istanbul, the deadlines may differ in each courthouse.
The process may take longer in files that require digital evidence review, social media user identification or expert report. If the evidence is presented regularly from the beginning, it will be possible for the file to progress more smoothly.
Defamation Case Lawyer Support in Istanbul
Insult cases in Istanbul; Social media frequently comes to the fore due to business relations, neighborhood disputes, family arguments and commercial disputes. Therefore, action must be taken quickly and accurately for both the victim and the suspect.
Attorney Mehmet Emin Kurşun provides legal support in cases of insult crimes, social media insults, insults to public officials, threats and non-pecuniary damages in Istanbul. In this process Istanbul criminal lawyer Getting support can reduce the risk of loss of rights.
Legal Support from Attorney Mehmet Emin Kurşun
In defamation cases, evidence, complaint period, freedom of expression and defense limits should be evaluated together. Missing evidence, wrong complaint or faulty defense can directly affect the outcome of the process.
Attorney Mehmet Emin Kurşun supports the correct conduct of the process by evaluating the criminal law and compensation aspects of the incident together in cases where there is an allegation of insult.
Things to Know Before Starting the Defamation Process
Instead of acting hastily in an insult allegation, the evidence should be preserved, the deadline should not be missed, and the legal nature of the words should be evaluated correctly. Especially in social media content, rapid detection should be made in case the post is deleted.
In the crime of insult, the outcome of each incident may be different. For this reason, it is beneficial to get legal support before filing a defamation lawsuit in Istanbul or testifying in an investigation initiated against you.
Frequently Asked Questions
What does a defamation case lawyer do?
The defamation case lawyer provides legal support regarding the preparation of the complaint petition, collection of evidence, follow-up of the prosecution and court process, defense and compensation claims.
Which law regulates the crime of insult?
The crime of insult is regulated in Article 125 of the Turkish Penal Code No. 5237. The basic form of the crime is punishable by imprisonment or a judicial fine.
Is insulting on social media a crime?
Yes. Insulting comments, messages or posts made on social media may be evaluated within the scope of TCK Article 125. It is also important whether the sharing is public or not.
Is insulting via WhatsApp message a crime?
Yes. Insulting messages sent via WhatsApp or similar messaging applications may constitute a crime. It is important for evidence that messages are kept without being deleted.
How long is the complaint period for the crime of insult?
As a rule, the crime of insult depends on the complaint. The complaint period is evaluated according to the knowledge of the act and the perpetrator; Due to current regulations, a separate legal review must be carried out in terms of time.
Are witnesses required in a defamation case?
Witnesses are not mandatory in every case. If there is written or digital evidence, the process can proceed without witnesses. However, witness statements may be important in verbal insults.
Is every harsh criticism considered an insult?
No. Harsh, disturbing or hurtful criticism does not always constitute defamation. The context of the statement, its purpose and whether it targets the person's dignity are evaluated.
Can moral compensation be received due to insult?
Yes. If the act of insult constitutes an attack on personal rights, a lawsuit for non-pecuniary damages may be filed. This process can be evaluated separately from the criminal case.
Is there mediation in the crime of insult?
The application of conciliation or prepayment in the crime of insult may vary depending on the date of the act and the way it was committed. For this reason, evaluation should be made based on the concrete file.
In which courthouse in Istanbul are insult cases heard?
The competent courthouse is determined according to the place where the incident took place, the status of the parties and the nature of the file. Jurisdiction assessment in terms of the European Side and Anatolian Side of Istanbul should be made according to the concrete case.
