TCK Article 267: A person who informs or accuses someone else of committing an act that he did not commit to the authorities.
Penalties
- Simple slander: 1-4 years imprisonment
- If it leads to the victim's conviction: additional increase
- Capture/arrest of the victim: additional increase
- Not dependent on complaint (ex officio)
Elements of Slander
- Notification to the competent authority
- Act not committed
- Knowingly (intentionally) accusation
- The victim must be identifiable
Difference with Insult
- Insult (TCK art. 125): To the honor of the person assault
- Slander (TCK art. 267): Reporting to the competent authority a crime that was not committed
Rights of the Victim
- Criminal complaint (ex officio, but victim notification is important)
- Material compensation (trial expenses, losses)
- Pecuniary damage (reputation damage)
- Compensation for slanderer if acquitted later pays
Supreme Court 4th CD and 12th CD
4. CD adopts that "knowingly false statement" must be proven in the crime of slander, and that a report made with mistake/doubt will not be considered slander.
Criminal and defamation lawyer is recommended.