01.11.2026 15:21
The 4th Criminal Chamber of the Court of Cassation overturned the 6-month prison sentence given to a person who called a police officer "jackal" during an argument during an identity check in Izmir. The High Court stated that the expression in question was "disturbing, rude and impolite" but did not constitute the elements of the crime of insult. The decision was taken by majority vote, while one member dissented, arguing that the word "jackal" should be considered an insult.
A dispute broke out in Izmir between a person whose identity was being checked by police teams and the police officer on duty. During the argument, a lawsuit was filed against the person who called the police officer a "jackal" on charges of insult.
The Izmir 10th Criminal Court of First Instance, which heard the case, evaluated the expression used by the defendant as insult within the scope of Article 125 of the Turkish Criminal Code. The court sentenced the defendant to 6 months' imprisonment.
APPEAL REJECTED
The defendant, objecting to the conviction decision, took the case to appeal. However, the 10th Criminal Chamber of the Izmir Regional Court of Justice rejected the defendant's appeal.
Thereupon, the defendant appealed the decision, arguing that the judgment was rendered without sufficient examination and that mitigating circumstances and provocation provisions were not taken into account.
The case came before the 4th Criminal Chamber of the Court of Cassation.
COURT OF CASSATION OVERTURNED THE PRISON SENTENCE
The 4th Criminal Chamber of the Court of Cassation, having completed the appeal examination, found the defendant's application justified. The Chamber ruled that the word "jackal" used toward the police officer did not constitute the crime of insult and overturned the conviction by a majority vote.
One of the Chamber members, however, did not agree with the majority opinion. The member who dissented argued that the word "jackal" should be considered an insult.
"NOT EVERY DISTURBING WORD CAN BE CONSIDERED AN INSULT"
In the reasoning of its decision, the Court of Cassation emphasized that for the crime of insult to occur, people's honor, dignity, and reputation must be targeted.
The decision noted that whether a behavior qualifies as insult may vary depending on time, place, and the circumstances in which the incident occurred.
The High Court included the following assessment in its reasoning:
"Not every severe criticism or disturbing word directed at individuals should be evaluated in the context of the crime of insult; the words must clearly constitute an accusation of a concrete act or fact, or an act of swearing, capable of offending honor, dignity, and reputation."
"A RUDE AND IMPOLITE FORM OF ADDRESS"
The 4th Criminal Chamber of the Court of Cassation described the word "jackal" used by the defendant as "a disturbing, rude, and impolite manner of address."
However, it decided that the expression in question did not meet the legal elements of the crime of insult under the circumstances of the concrete incident.
Thus, the conviction judgment of the Izmir 10th Criminal Court of First Instance concerning the 6-month prison sentence imposed on the defendant was overturned.