The crime of slander is when a person accuses a person of an unlawful act, even though he knows that he did not commit it, by reporting it to the competent authorities or through the press and publications. It is regulated in TCK Article 267.
Elements of Crime
- Denunciation or complaint to the competent authorities (prosecutor's office, law enforcement, administrative institution) or declaration through press
- Accusation of illegal act
- Knowing that the allegation is unfounded (intention)
- Request to initiate an investigation/prosecution or impose administrative sanctions
Punishment
Basic penalty: 1 to 4 years imprisonment.
Qualified Circumstances (TCK art.267/2-9)
- Fabrication of criminal evidence: Penalty increased by half
- If the victim is subjected to a procedure that requires heavy punishment or administrative sanction: The penalty is increased
- Detention or arrest of the victim: Makes the punishment heavier
- If the sentence is finalized: Prison for up to 20 years
- The victim is subjected to punishment just for this reason: Even life imprisonment may be in question
Effective Regret (TCK Article 269)
If the person who commits the slander renounces the accusation and reveals the truth before the investigation into the slander begins, the penalty may be reduced by 5/6.
Rights of the Acquitted Person
- Criminal case: Criminal complaint against the slanderer
- Compensation lawsuit: Material and moral damage (TBK article 49)
- CMK article 141: Unfair detention/arrest compensation (against the state)
Approach of the 4th Criminal Chamber of the Supreme Court
The 4th Criminal Chamber of the Supreme Court of Appeals emphasizes that in order for the crime of slander to exist, it must be proven that the perpetrator "knew the false information in the accusation", and that reports made merely by mistake will not constitute a crime.
Court in Charge
According to the type of punishment, First Instance / High Criminal Court.
If you have been harmed by slander, start seeking justice with a criminal law lawyer.