The Offence of Insult and Its Penalty

Under Article 125/1 of the Penal Code, the offence of insult can be committed in two ways: attributing a concrete act or fact to the victim (for instance, falsely attributing conduct that did not occur), or directly insulting them through abusive language, in either case demeaning their honour, dignity, or reputation. The act need not be committed in the victim's presence; however, an insult made in the victim's absence is only punishable if the perpetrator communicated it to at least three people.

The fact that the words were spoken while the victim was absent does not prevent the offence from arising; what matters is that the words reached the victim or were heard by at least three people. The statement may be made orally, in writing, or through visual means.

The basic form of the offence carries imprisonment from three months to two years, or a judicial fine. Imprisonment and the judicial fine are structured as alternative penalties, and which one applies is assessed by the court based on the specifics of the file.

Where the insult is committed publicly — in a setting where it can be seen or heard by more than one person — the penalty is increased by one sixth.

The legislature provides for a heavier penalty in certain circumstances. Where the insult is directed at a public official in connection with their duties, the minimum penalty cannot be less than one year. The same minimum applies where the insult relates to a person's religious, political, social, or philosophical beliefs or convictions, their attempt to express, change, or spread such beliefs, their conduct in accordance with their religion's requirements, or references to values considered sacred by their religion.

An insult directed at public officials acting as a board, in connection with their duties, is considered to have been committed against every member of that board.

A situation commonly encountered in practice is where both parties insult one another. Under Article 129 of the Penal Code, where the offence of insult is committed in response to an unjust act, the court may reduce the penalty or waive it entirely. In cases of mutual insult, the judge may reduce the penalty for either or both parties, depending on the specific circumstances of the file.

In cases where the attributed act must be proven (particularly where the allegation concerns a public official's duties), proving the truth of the allegation may prevent the perpetrator from being penalised; this too is assessed based on the nature of the file.

The basic form of the offence is subject to a victim's complaint. The victim must file a complaint within six months of learning of the act and the perpetrator's identity; this is a preclusive period. By contrast, no complaint is required where the insult is directed at a public official in connection with their duties — the investigation proceeds ex officio.

The basic form, which depends on a complaint, is subject to the reconciliation procedure under Article 253 of the Code of Criminal Procedure; withdrawing the complaint before the judgment becomes final ends the case. For anyone who believes they have been insulted, documenting the statements or messages before their evidentiary value is lost (screenshots, witness statements, audio or video recordings) matters for the proceedings to move forward soundly. Working with an İzmir criminal lawyer can be useful in this regard.

Is every rude remark an insult? No. The Court of Cassation does not treat rude or impolite remarks, statements in the nature of criticism, or curses as the offence of insult; the words must be serious enough to demean the person's honour, dignity, or reputation. This distinction is drawn in each case according to the context in which the words were used.

How are insults on social media assessed? An insult committed through a public post or comment is, as a rule, considered public and the penalty is increased by one sixth; an insult sent by private message is punished as if committed in the victim's presence under Article 125/2. The investigation and trial stages of such cases in İzmir are covered separately in our article on insult and threats via social media.

Where is an insult complaint filed in İzmir? The complaint may be submitted to the İzmir Chief Public Prosecutor's Office at the İzmir Courthouse in Bayraklı or to the police; for districts within the Karşıyaka judicial district, the Karşıyaka Chief Public Prosecutor's Office is competent. Cases are heard by the criminal courts of first instance. Our office in Konak provides support in criminal law matters across İzmir.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy