CRIME OF INSULT

If a person directs severe insults at another, it causes problems. Article 125 of the Turkish Penal Code regulates this area. Therefore, many people research the question, “Is swearing a crime?” Furthermore, people wonder whether a lawsuit can be filed due to a WhatsApp message or a social media post.

Which Words Cause Problems?

If a person insults, demeans, or uses severe profanity against another, the victim goes to the public prosecutor's office. The judge looks at the entire incident. The judge measures the severity of the words. Additionally, the judge examines the relationship between the parties.

For example, someone uses harsh words during an argument. However, the judge does not always consider anger a sufficient excuse. For this reason, people should speak carefully while arguing.

Do WhatsApp Messages Cause Problems?

Many people have arguments over the phone. People send WhatsApp messages. Some write harsh words in Instagram comments. Some give statements due to social media posts.

The victim takes screenshots. The victim saves the messages. Witnesses provide information to the prosecutor's office. Thus, the victim preserves the evidence at hand.

How Does a Judge Impose a Penalty?

The law provides for imprisonment from 3 months to 2 years or a judicial fine for the perpetrator. If a person swears at a public official during the performance of their duty, the judge imposes a harsher penalty. The judge increases the penalty if the incident occurs in a crowded environment.

Different rules apply to words directed at the President. Article 299 of the Turkish Penal Code establishes special provisions for this matter.

When Should One Go to the Prosecutor's Office?

The victim goes to the prosecutor's office within 6 months from the date they learn of the perpetrator. A person who misses the deadline suffers a loss of rights. Therefore, the victim acts quickly.

Message records are important. Screenshots support the file. Witness testimonies strengthen the process.

Can the Parties Reach an Agreement Later?

Some people reach a settlement during the process. The parties find a common solution. Thus, the problem ends. However, different rules apply to incidents directed at public officials.

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