Elements of The Offence of Insulting The President?

Under Article 299 of the TPC, insulting the President is a separately regulated offence, found within the chapter on offences against the symbols of state sovereignty and the dignity of state organs. Only the incumbent President can be the victim of this offence, since the presidential term begins with the taking of the oath of office. Insulting remarks directed at a former president or a presidential candidate accordingly fall outside Article 299 and are instead assessed under the general offence of insult (Article 125 et seq. of the TPC).

The perpetrator of this offence can be any natural person; the law imposes no restriction on who may commit it. It is an offence of free conduct, meaning it can be committed through any written, verbal, or visual expression, using any medium such as social media, television, or the press.

As to the mental element, the offence requires intent. A political motive on the part of the perpetrator is not a requirement for the offence to exist, but the perpetrator must be aware that the person targeted holds the office of President. It makes no difference whether the act is committed in the President's presence or in their absence.

Under Article 299(1) of the TPC, a person who insults the President is punishable by imprisonment of one to four years. Where the sentence falls within that range is determined by the court based on factors such as the intensity of the perpetrator's intent and the manner in which the act was committed.

Under Article 299(2) of the TPC, where the insulting act is committed publicly, the applicable penalty is increased by one-sixth. "Public" commission refers to conduct carried out in a manner that can become known to an indeterminate number of people; examples include statements made on a television program, on websites, in social media posts, or aloud in a public setting.

Under Article 299(3) of the TPC, prosecution of this offence is conditional on the permission of the Minister of Justice. This permission requirement does not prevent the offence from being pursued ex officio, but it is a procedural precondition for a public prosecution to be brought. No separate complaint is required to open an investigation; once permission is obtained, the public prosecutor may proceed ex officio or on the basis of a complaint.

The statute of limitations for a public prosecution for insulting the President is eight years. Because the offence is directed at public order and the dignity of state institutions, it falls outside the scope of the conciliation procedure set out in the Code of Criminal Procedure.

In proceedings for insulting the President, where the other conditions required by law are met in the specific case, a decision may be rendered for the suspension of the pronouncement of the verdict (HAGB), the suspension of the sentence, or a judicial fine. Which of these institutions may apply is a matter that must be assessed separately for each file, based on its own facts.

In practice, whether a given statement remains within the bounds of political criticism or rises to the level of insult can be a contested question. How that line is drawn has been addressed both in Court of Cassation decisions and in international case law on freedom of expression; where a specific statement falls relative to that line must be assessed strictly on the facts of the file, without commentary on any political view or individual. Working with an İzmir criminal lawyer in such proceedings can help ensure the defense is framed within the correct legal context.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy