Tck Article 125 – Offence of Insult
TCK ARTICLE 125- WHAT IS THE OFFENCE OF INSULT?
Article 125 of the TPC regulates the offence of insult. According to the law, in order for the offence of insult to occur, a concrete act or fact must be attributed to the victim or the act of swearing must be committed. This concrete act or fact must be in a way that may offend the honour and dignity of the victim. The legal value protected by the offence of defamation is the honour, dignity, honour, honour and reputation in society.
Article 125/1 of the TPC regulates insult against the face. Accordingly, attributing a fact or swearing against a person are optional acts that constitute the offence of insult. The act or fact imputed must be in a way that may offend the honour and dignity of the person. However, it is not required to offend the honour and deprivation of the person. It is sufficient to have words or actions that may offend. This situation will be evaluated by the judge. The criteria to be taken as basis in the evaluation are the environment, public opinion, conditions, local customs and traditions, and the status of the victim.
The provisions of the Law No. 5816 on Offences Committed Against Atatürk shall apply to insulting and insulting acts and words against the memory of Atatürk.
WHAT IS INSULT IN ABSENTIA?
Insult in absentia, in other words, insult in absentia, occurs in cases where the victim of the offence does not hear or see the insult. In insult in absentia, third parties who hear or see the insult to the victim other than the victim transmit this insult to the victim. If the offence of insult is committed in the absence of the victim, that is, in absentia, at least three people must hear this insult in order for the perpetrator to be punished. In order to punish the insult in absentia, the perpetrator must know about the dispute.
If the offence of insult committed by the perpetrator by addressing one person is heard by other persons, whose existence the perpetrator is unaware of, the element of collusion does not occur. As another example, the element of collusion is not realised if the perpetrator says insulting words to a person and that person says them to others. However, if the perpetrator asks others to convey these words to others, then the offence occurs. In order for the offence of insult in absentia to be committed, there must be contact with at least three people. It is not obligatory that the contact is realised verbally. It can also be communicated to at least three people through another means of communication.
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