A dispute occurred in İzmir between a citizen whose identity was being checked by police teams and the officers. A lawsuit was filed against the person who used the term "jackal" toward the police during the argument, charging them with insult.
The İzmir 10th Criminal Court of First Instance, which conducted the trial, sentenced the defendant to 6 months in prison under the "insult" crime defined in Article 125 of the Turkish Penal Code (TCK). An appeal against this decision was also rejected by the 10th Criminal Chamber of the İzmir Regional Court of Justice.
DEEMED RUDE LANGUAGE, NOT CONSIDERED AN INSULT
The judicial process was moved to a higher level after the defendant appealed the case, stating that the decision was made without sufficient examination and without considering mitigating factors. The 4th Criminal Chamber of the Court of Cassation, which reviewed the case, overturned the conviction against the defendant by a majority vote. Only one of the chamber members expressed a dissenting opinion, arguing that the expression in question should be considered an insult.
In its reversal decision, the chamber emphasized that for the crime of insult to occur, the act must target the honor, dignity, and reputation of individuals and be clearly intended to humiliate the person. Pointing out that not every word that is harsh criticism or of an offensive nature can be evaluated within the context of the crime of insult, the decision stated that the word "jackal" is an offensive, rude, and impolite form of address, but ruled that this word does not constitute a criminal element.
News Source: 12punto
