Insult and Threat Crime in Turkish Law – Atty. Ozan Soylu

Crime of Threat

The crime of threat is defined as actions that notify a person of an unjust harm that will occur. This crime is regulated in Article 106 of the Turkish Penal Code and is committed by threatening to cause serious harm to the life, bodily integrity, sexual integrity, or property of the person or their relatives.

Legitimate Justifications for the Crime of Threat

Legitimate justifications for threats may include a legal order, self-defense, exercise of a right, or the victim’s consent. In the presence of these elements, the crime of threat does not occur. For example, notifying someone that legal action will be taken if a debt is not paid is a lawful act and does not constitute a crime of threat.

Crime of Insult

The crime of insult is a type of offense that aims to protect an individual’s honor, dignity, and reputation within society. According to the Turkish Penal Code (TCK), a person who attributes a specific act or fact to someone that would damage their honor, dignity, and reputation, or attacks these values by cursing, is punishable by law.

Punishment for the Crime of Threat

Penalty for the Crime of Threat

Article 106 of the Turkish Penal Code regulates the crime of threat. Accordingly, a person who threatens another with an attack on their life, bodily or sexual integrity, or that of their relatives, shall be punished with imprisonment from six months to two years.

If the threat involves causing significant harm to property or other forms of harm, the offender, upon the victim’s complaint, may be sentenced to imprisonment for up to six months or a judicial fine. Aggravated forms of the crime (e.g., threats made with a weapon) require a prison sentence of two to five years.

If this crime is committed against a woman, the minimum sentence cannot be less than nine months.

Does the Crime of Threat Go on the Criminal Record?

Since the crime of threat is among the offenses regulated in the Turkish Penal Code that disturb public order, court convictions are recorded in the criminal record. Particularly, the sentence of imprisonment or judicial fine imposed on the offender is entered into the criminal record and maintained for a certain period.

Can the Crime of Threat be Converted into a Judicial Fine?

The court may, in certain circumstances, impose a judicial fine instead of imprisonment. This depends on various factors, such as the manner in which the crime was committed and the circumstances of the offender.

Punishment for the Crime of Insult

Penalty for the Crime of Insult

According to Article 125 of the Turkish Penal Code, a person who commits the crime of insult may be punished with imprisonment from three months to two years or a judicial fine. The judge determines the type and amount of the penalty, taking into account the specifics of the case based on the principles in Article 61 of the TCK. If imprisonment is imposed, this sentence cannot be converted into a judicial fine.

Does the Crime of Insult Go on the Criminal Record?

When the crime of insult is committed, the sentence imposed is recorded in the criminal record. This means that the record will appear on the individual’s criminal history. However, if the pronouncement of the judgment is deferred and certain conditions are met, this record may be deleted. Therefore, the sentence for the crime of insult may appear on the criminal record and be recorded in the individual’s file.

Can the Crime of Insult be Converted into a Judicial Fine?

For the crime of insult, both imprisonment and judicial fines are provided as options. The judge may choose one of these options based on the specifics of the case. If imprisonment is imposed, this sentence cannot be converted into a judicial fine. Therefore, a judicial fine may be directly imposed for the crime of insult, or imprisonment may be imposed, but it is not possible to convert the imprisonment into a judicial fine.

How Much is the Judicial Fine for an Insult Case?

The penalty for the crime of insult varies depending on whether the simple or aggravated form of the offense has been committed. The judicial fine for the crime of insult is calculated as not less than 100 TL and not more than 500 TL per day, for a minimum of 5 days and a maximum of 730 days. In this case, the judge may impose a fine ranging from 500 TL to 365,000 TL at their discretion.

Additionally, the finality threshold for judicial fines imposed directly by criminal courts is set at 15,000 TL. In other words, appeals or objections are not allowed for fines of 15,000 TL or less.

Aggravated Forms of the Crimes of Threat and Insult

Aggravated Forms of the Crime of Threat

Committed with a Weapon: The commission of the crime of threat with a weapon increases the penalty, as it creates a greater fear in the victim and heightens the seriousness of the threat.

Disguising Oneself: The commission of the threat by disguising oneself or using unsigned letters and special symbols also constitutes an aggravated form.

Committed by Multiple Persons Together: The commission of the threat by multiple persons together reduces the victim’s ability to defend themselves and increases the effect of the threat, leading to an increased penalty.

Taking Advantage of the Intimidating Power of Criminal Organizations: The commission of the threat by taking advantage of the intimidating power of existing or presumed criminal organizations also leads to an increased penalty.

Aggravated Forms of the Crime of Insult

Committed Against a Public Official Due to Their Duties: The commission of the crime of insult against a public official during the performance of their duties or because of their duties is considered an aggravating factor that increases the penalty.

Committed Due to the Exercise of Freedom of Religion: The commission of the insult against values considered sacred according to the religion of the victim also requires an increased penalty.

Committed Publicly: The commission of the crime of insult publicly, i.e., in a manner that can be heard or seen by others, is also considered an aggravated form and increases the penalty.

Committing the Crimes of Threat and Insult Together

When the crimes of threat and insult are committed together, the determination of criminal liability varies depending on the specifics of the case and the nature of the expressions used. The jurisprudence of the Court of Cassation on this issue shows diversity due to the lack of a general rule regarding the combination of crimes.

The combination of the crimes of threat and insult generally arises when both crimes’ elements are present in the same incident or expression.

For example, in an incident where the perpetrator uses expressions such as “I will kill you, I will f*** your mother,” the local court sentenced the perpetrator separately for both crimes, stating that the expressions constituted separate crimes of threat and insult.

However, the Court of Cassation ruled that the expressions of the perpetrator, taken as a whole, constituted the crime of threat and that it was wrong to impose an additional penalty for the crime of insult.

The Court of Cassation’s General Assembly also considered the same incident and accepted that the perpetrator acted with the intent to threaten and that the expressions, taken as a whole, constituted the crime of threat. However, some members disagreed, arguing that the perpetrator’s expressions constituted both the crimes of threat and insult.

Comparison of the Crimes of Threat and Insult

Common Elements

The crimes of threat and insult are types of offenses included in the Turkish Penal Code, both aiming to protect a person’s peace and tranquility. Both crimes are committed with general intent, meaning that the perpetrator must have the will and consciousness necessary for the realization of the crime.

Different Elements

In the Crime of Threat

In the crime of threat, the perpetrator informs the victim or their relative that they will harm their life, bodily or sexual integrity, or cause significant damage to their property.

It is sufficient that this notification is of a nature that would frighten the victim and disturb their inner peace. In the crime of threat, whether the victim is genuinely frightened by the threat is not important; it is enough that the notification is objectively frightening.

In the Crime of Insult

The crime of insult occurs when the perpetrator attacks the honor, dignity, and reputation of the victim. The perpetrator uses derogatory expressions towards the victim, damaging their reputation.

The crime of insult can be committed directly or indirectly, in the victim’s presence or absence. In this crime, it is sufficient that the perpetrator’s words humiliate the victim and demean them in society. The crime of insult is subject to a complaint, and the perpetrator must have the intent to insult.

Differences with Examples

Crime of Threat: The crime of threat occurs when the perpetrator tells the victim, “I will kill you.” It is sufficient that this notification creates a frightening effect on the victim.

Crime of Insult: The crime of insult occurs when the perpetrator tells the victim, “You are a thief.” These words damage the victim’s honor and humiliate them in society.

 

Evidence Collection and Burden of Proof

How to Prove Insult and Threat?

In crimes of insult and threat, evidence collection and proof can generally be conducted as follows:

1. Written Evidence:
– Obtaining written threats or insults such as SMS, emails, social media messages, or printouts is important.
– IP addresses, dates, times, and other information in these messages can be used as evidence.

2. Audio/Video Recordings:
– If there are audio or video recordings of the threats or insults, these are valuable evidence.
– The place, time, and identification of the individuals involved in the recordings need to be verified.

3. Witness Statements:
– Statements from individuals who witnessed the incident are important evidence.
– The reliability of the witnesses and their detailed accounts of the event are crucial.

 

Crime of Insult via the Internet

Insults made via the internet typically occur through social media platforms, emails, forums, and blogs. The perpetrator may insult the victim directly or indirectly.

Evidence Collection and Proof

In crimes of insult committed via the internet, the collection of evidence and proof of the crime are critically important. This is done through methods such as collecting electronic evidence, identifying IP addresses, and tracking digital traces.

Crime of Threat and Insult via the Internet

The crime of threat and insult via the internet is committed in the same way as the crime of insult, through messages or public posts on social media applications such as WhatsApp, Instagram, or as comments or posts on blogs, forums, or video-sharing sites. Such communications can cause the victim to be psychologically affected and fearful.

Evidence Collection and Proof

In the crime of threat and insult, collecting evidence is of great importance. Emails, social media messages, and other digital evidence are used to prove the crime. The collection and presentation of these pieces of evidence in court require expertise.

 

Technical Proof Methods in the Crime of Threat and Insult:

Screenshots: Screenshots of threatening messages, comments, or posts with a timestamp are the most basic form of evidence.

Metadata Analysis: Metadata in photos and videos (e.g., date taken, device information) can provide important information regarding the identification of the perpetrator and the timing of the incident.

IP Address Tracking: The IP address of the device from which the threatening message was sent can help make a general estimate of the perpetrator’s location. However, IP addresses can be hidden using services like VPNs.

Device Identification (IMEI/Serial Number): These numbers in mobile devices can be used to identify the device.

Operator Records: Records obtained from phone operators include call detail records, SMS traffic, and other data and play a significant role in identifying the perpetrator.

Data from Social Media Platforms: Platforms store various data, such as user profile information, message history, and IP logs. Access to this data can be provided in legal processes.

Digital Forensic Analysis: This method allows for the recovery and analysis of deleted or hidden data.

How to Dismiss a Threat and Insult Case?

For threat and insult cases to be dismissed, certain conditions must be met. First, the case may be dismissed if the victim withdraws their complaint. Additionally, some forms of the crime of insult are subject to a complaint and are within the scope of reconciliation, and the case may be terminated if reconciliation is reached. Furthermore, if the existence of legal justifications is demonstrated during the defense, the perpetrator may not be penalized.

Can the Crime of Threat and Insult Turn into a Public Prosecution?

The crimes of threat and insult are generally prosecuted based on the victim’s complaint. However, insults made against a public official due to their duties and certain threat crimes can be prosecuted ex officio. For example, if an indictment has been filed mistakenly thinking that the victim is a public official, the trial continues unless the victim explicitly states that they are not pressing charges. Additionally, the public case may be dismissed if the elements of the crime are not fulfilled or if legal justifications exist.

Frequently Asked Questions

Can You Go to Jail for Threat and Insult?

Yes, imprisonment can be imposed for the crimes of threat and insult. For the crime of threat, imprisonment of six months to two years is foreseen, while for the crime of insult, imprisonment of three months to two years is foreseen.

Can You Claim Compensation for Threat and Insult?

Yes, compensation for moral damages can be claimed due to insult or threat. The victim can file a compensation claim for the moral suffering caused by the violation of their personal rights.

Is Arrest Possible in Threat and Insult Cases?

Arrest can be ordered in threat and insult cases, but this depends on the nature of the crime, the need to protect the victim, and the risk of the perpetrator fleeing.

Can the Penalty for Threat and Insult be Converted into a Fine?

Yes, imprisonment sentences for the crimes of threat and insult can be converted into a judicial fine. This depends on the discretion of the judge.

What Should I Do If Someone Curses at Me?

If someone curses at you, you should file a criminal complaint with the Public Prosecutor’s Office or the police station as soon as possible. Messages, voice recordings, and witness statements can be presented as evidence.

 

For further assistance or consultation, you can contact us.