مرکز منطقه ای اطلاع رساني علوم و فناوري - The Crime of Defamation in Turkish Criminal Code

Abstract :

Offences against the honour are between articles 125 and 131 of Turkish Criminal Code (Law Nr. 5237). The legal aim of the crime of defamation is to protect the dignity of an individual in society. Crime of defamation may be committed in presence or absentia of the victim. But in order to punish the offense committed in absentia of the victim, the act should be committed in presence of least three persons. The mental element of the crime of defamation is intention and the material element of the crime is any types of written, oral or pictorial acts which are suitable to insult the social dignity of a person. Any person may be the victim of this crime but some scholars agree that not only natural persons but also corporations may be the victim of this crime. In case the accusation or act constituting offense is proved, the person responsible of such act may not be punished. No punishment is imposed declarations before administrative authorities or the courts. The penalty shall be diminished in case of mutual defamation or provocation.