Remarkable decision from the Supreme Court: Calling the police 'jackal' was not considered an insult

The prison sentence received by a person who argued with the police during an identity check in Izmir due to the word "jackal" used was reversed by the Supreme Court.

The 4th Criminal Chamber of the Supreme Court of Appeals overturned the conviction given to the defendant for insulting by a majority vote, finding it unlawful.

An argument broke out between the police and a person whose identity was questioned by police teams in Izmir. A lawsuit was filed for insult against the person who called the police "jackal" during the argument.

Izmir 10th Criminal Court of First Instance, which heard the case, sentenced the defendant to 6 months in prison within the scope of Article 125 of the Turkish Penal Code (TCK).

The defendant's appeal application was rejected by the 10th Criminal Chamber of the Izmir Regional Court of Justice.

Thereupon, the defendant appealed the decision, claiming that there was not sufficient examination and that mitigating circumstances and provocation provisions were not taken into account.

The 4th Criminal Chamber of the Supreme Court of Appeals, which reviewed the appeal, found the defendant's application justified and overturned the conviction by majority vote.

In the decision, it was emphasized that in order for the crime of insult to occur, the honor, dignity and prestige of the person must be targeted.

The Supreme Court pointed out that the fact that the words used were offensive or harshly critical alone would not constitute the crime of insult.

The following evaluation was included in the department's reasoned decision:

"Any severe criticism or disturbing words directed at individuals should not be evaluated within the context of the crime of insult, and the words must clearly constitute an attribution of a concrete act or fact that may offend honor, dignity and prestige, or an act of swearing."

In this context, it was stated that the word "jackal" used by the defendant was an "disturbing, rude and uncivil manner of address", but that the elements of the crime of insult were not met in the concrete case.

While the 4th Criminal Chamber of the Supreme Court of Appeals overturned the conviction by majority vote, one of the chamber members did not participate in the decision.