What Is Insult (Hakaret) in Turkey? Penalty, Complaint Period, Settlement

Insult (hakaret) is an offence regulated under Article 125 of the Turkish Penal Code and is punishable by imprisonment from three months to two years or a judicial fine. The victim must file a complaint within six months of learning of the act and the perpetrator; however, under the provision added by Law No. 7531, for insult the complaint period expires at the latest two years after the date the act was committed.

What is the offence of insult and which acts count as insult?

Article 125 of the Turkish Penal Code (TCK) punishes two distinct acts: attributing to a person a concrete act or fact capable of offending their honour, dignity and prestige, or attacking a person's honour, dignity and prestige by swearing. The protected interest is a person's standing in society and their self-esteem.

The law distinguishes between insult made to the victim's face and insult made in their absence. For insult made in the victim's absence to be punishable, the act must be committed in contact with at least three people (ihtilat). Insult committed by a voice, written or video message addressed to the victim (message, e-mail, voice recording, etc.) carries the same penalty (Art. 125/2).

It is not necessary for the victim's name to be written explicitly; if there is no doubt about whom the attribution targets, the victim is considered identified (Art. 126).

What is the penalty for insult and when is it increased?

The basic penalty is imprisonment from three months to two years or a judicial fine. The main circumstances affecting the penalty are:

• Where the insult is directed at a public official because of their duty, is motivated by religious, political, social or philosophical beliefs and opinions, or refers to values held sacred by a religion, the lower limit of the penalty cannot be less than one year (Art. 125/3).
• If committed publicly, the penalty is increased by one sixth (Art. 125/4). Social media posts, comments visible to everyone and open groups are assessed in this respect.
• If the insult was committed in reaction to an unlawful act, the penalty may be reduced by up to one third, or no penalty may be imposed (Art. 129/1). A similar reduction or waiver is possible where insults were mutual (Art. 129/3).
• No penalty is imposed for concrete allegations or negative assessments made in applications, claims and defences before judicial or administrative authorities, provided they are based on real and concrete facts and are connected with the dispute (immunity of pleadings, Art. 128).

Insulting the memory of a deceased person in contact with at least three people is also a separate offence (Art. 130).

What is the complaint period for insult?

Investigation and prosecution of insult depend on the victim's complaint (TCK Art. 131/1), except where it is committed against a public official because of their duty. Under TCK Art. 73, the complaint period is six months, starting from the day the person entitled to complain learns of the act and the identity of the perpetrator.

According to the sentence added to Art. 73/2 by Law No. 7531 (7 November 2024), for insult that depends on a complaint, the complaint period cannot in any case exceed two years from the date the act took place. Therefore, even if the victim learns of the insult after two years, the right to complain no longer exists.

If the victim withdraws after complaining, as a rule the case lapses for offences that depend on a complaint (Art. 73/4). Where several persons took part in the offence, withdrawal regarding one defendant also covers the others (Art. 73/5).

Where and how is the complaint filed?

A report or complaint may be made, in writing or orally, to the Chief Public Prosecutor's Office or to law enforcement authorities (CMK Art. 158). The complaint petition should clearly state the suspect's identity, the date and place of the incident, the content of the insult and the evidence.

The following are particularly important as evidence:

• Screenshots of written messages, e-mails and social media posts; if possible, the URL and date/time information.
• Witness details; these are necessary to prove the element of contact with three people in cases of insult in the victim's absence.
• Submission of audio and video recordings and message records to the file.

Are reconciliation and prepayment possible for insult?

Reconciliation generally applies to offences that depend on a complaint (CMK Art. 253/1-a). However, CMK Art. 253/3 states that even if investigation depends on a complaint, reconciliation cannot be used for the offence of insult (Art. 125).

By contrast, under TCK Art. 75/6, the offence of insult (except where committed against a public official because of their duty) falls within the prepayment provisions. In prepayment, if the suspect pays the amount specified in the law, together with investigation costs, within ten days of notification by the public prosecutor's office, no public case is brought; at the perpetrator's request, payment may be made in three equal instalments. Prepayment does not remove the victim's right to claim pecuniary or non-pecuniary damages (Art. 75/5).

How do the limitation period and the trial process work?

Since the upper limit of the penalty for insult is two years, the public case is subject to a eight-year limitation period under TCK Art. 66/1-e. For offences with alternative penalties, imprisonment is taken as the basis for limitation (Art. 66/4). The period starts on the day the offence was committed (Art. 66/6).

If the indictment is accepted, the case is, as a rule, heard by the criminal court of first instance. In the event of conviction, deferral of the announcement of the judgment (HAGB) may come into question. Under the current text of CMK Art. 231, if the sentence imposed is imprisonment or a judicial fine of two years or less, the court may order HAGB if the statutory conditions are met (no prior conviction for an intentional offence, a belief that the defendant will not reoffend, compensation of the harm); a five-year supervision period then applies. If no new intentional offence is committed during the supervision period, the case is dismissed. On criminal record matters, see the article on deletion of judicial record and judicial archive record.

Can compensation be claimed for insult?

Independently of the criminal case, a person whose personality rights have been infringed may claim non-pecuniary damages (manevi tazminat) under Article 58 of the Turkish Code of Obligations. The amount is determined at the judge's discretion according to the circumstances of the incident, the social and economic situation of the parties and the extent to which the insult spread. In tort liability, the limitation period is two years from learning of the damage and the person liable, and in any case ten years from the act (TBK Art. 72).

Where is the line between criticism and insult?

Not every harsh statement is an insult. In judicial practice a balance is sought between the right to criticise and freedom of expression on the one hand and a person's honour and dignity on the other. In general, the context in which the statement was used, the speaker's purpose, the victim's public position and whether the words target the person or an idea, conduct or event are assessed. Criticism based on a concrete fact and serving the public interest and demeaning words aimed only at belittling may produce different outcomes.

Moreover, if the attributed act constitutes an offence and is proved, no penalty is imposed on the person; the acceptance of a request to prove it depends on the existence of a public interest or on the complainant's consent to proof (Art. 127). By contrast, a penalty is imposed where a person is insulted by referring to a proven act.

Insult often arises together with other offences such as threat, blackmail, unlawful acquisition of personal data or violation of the privacy of private life. Therefore, in a concrete case, which act falls under which offence must be assessed separately; the complaint period, limitation and reconciliation rules may differ for each offence.

The same care applies before the judge: for statements made during proceedings, the immunity of pleadings described above (Art. 128) may apply, but it is limited to statements based on real and concrete facts and connected with the dispute.

Frequently Asked Questions

What can be done if someone is insulted on social media?

A complaint may be filed with the Chief Public Prosecutor's Office, keeping a screenshot of the post, its URL and date/time information. Since the act is committed publicly, the penalty may be increased by one sixth.

What is the time limit for filing a complaint for insult?

Six months from the day you learn of the act and the perpetrator's identity; however, for insult the complaint must be filed within two years at most from the date the act was committed.

Is reconciliation possible in an insult case?

No reconciliation applies to insult under CMK Art. 253/3. If the victim withdraws the complaint, the case lapses because the offence depends on a complaint.

Is a prison sentence imposed for insult?

The law provides imprisonment or a judicial fine as alternatives. If imprisonment is imposed, deferral of the announcement of the judgment or other statutory options may be considered if the conditions are met.

What happens if the insults are mutual?

Depending on the nature of the incident, the court may reduce the penalty for both parties or one of them by up to one third, or may decline to impose a penalty (TCK Art. 129/3).

When can a non-pecuniary damages claim be filed for insult?

Independently of the criminal case, within two years of learning of the damage and the person who caused it, and in any case within ten years of the act (TBK Art. 72).