What Is the Crime of Defamation of a Deceased Person's Memory?
Defamation of a person's memory
Article 130- (1) Any person who insults the memory of a deceased person by interacting with at least three people shall be sentenced to imprisonment from three months to two years or a judicial fine. The penalty shall be increased by one-sixth if the insult is committed in public.
(2) Any person who partially or completely removes the corpse or bones of a deceased person, or performs insulting acts regarding the corpse or bones, shall be sentenced to imprisonment from three months to two years.
Degrading acts committed against the memory of Atatürk are regulated under Article 1 of the Law No. 5816 on Crimes Committed Against Atatürk.
Article 1 – Any person who publicly insults or curses the memory of Atatürk shall be sentenced to imprisonment from one to three years.
Any person who destroys, breaks, damages, or defiles statues, busts, and monuments representing Atatürk or the grave of Atatürk shall be sentenced to severe imprisonment from one to five years.
Any person who encourages others to commit the crimes written in the paragraphs above shall be punished as the principal perpetrator.
In the crime of defamation, the victim must be specific or identifiable. There is no explicit need for the victim's name to be stated clearly. It is sufficient that the identity of the victim can be understood from the perpetrator's statements.
The qualified circumstances of the crime requiring a heavier penalty are as follows:
-If committed against a public official due to their duty,
-If committed due to the victim's expression, alteration, or attempt to disseminate their religious, political, social, or philosophical beliefs, thoughts, or convictions, or due to their acting in accordance with the orders and prohibitions of the religion they belong to,
-If committed by referring to values deemed sacred according to the religion the person belongs to,
the lower limit of the sentence shall not be less than one year.
-If the defamation is committed in public, the sentence shall be increased by one-sixth.
Mental elements of the crime; the crime of defamation is among those that can be committed intentionally. It is not required for the perpetrator to act with a specific motive. It is sufficient that the perpetrator knows and intends that their action is of a nature that could offend the honor, dignity, and reputation of the victim.
The crime of defamation is a crime subject to complaint. However, if the crime is committed against a public official due to their duty, the investigation and prosecution shall be conducted ex officio.
Condition of investigation and prosecution
Article 131- (1) Except for crimes committed against a public official due to their duty; the investigation and prosecution of the crime of defamation are subject to the victim's complaint.
(2) If the victim dies before filing a complaint, or if the crime has been committed against the memory of a deceased person; a complaint may be filed by the deceased's ascendants and descendants up to the second degree, spouse, or siblings.
If the perpetrator has insulted more than one person with a single act, each of the victims has an independent right to file a complaint. A person with the right to file a complaint must do so within 6 months from the day they know or learn of the act and the identity of the perpetrator.
This crime is a crime subject to settlement.