Insult and threat: the complaint period and what follows

Saying "I will make a complaint" after an argument, and then letting the days go by, is a common enough story. Yet for some forms of insult and threat a complaint is a precondition of any prosecution, and once the period is missed no file can be opened. Knowing which forms depend on a complaint is the first step in working out the deadline.

How the complaint period is calculated

For offences that depend on a complaint, the period is six months. It runs not from the date the act was committed, but from the day the person entitled knew or learned of the act and of the identity of the perpetrator.

The distinction matters in practice. Where an insulting post is made from an account under an unknown name, the period starts not on the date of the post but on the date the person behind the account is identified. The limitation period for the prosecution itself keeps running in any event, and the right to complain can be exercised within it.

A complaint can be made to the chief public prosecutor's office or to the police. It can be submitted as a written petition, or made orally and entered in a record.

Insult: complaint as the rule, with one exception

Investigation and prosecution of insult depend, as a rule, on a complaint. The one exception is insult directed at a public official on account of their duties; there the investigation is opened of the authorities' own motion.

A few points matter for the offence to arise:

• To the person's face or in their absence. For an insult made in the person's absence to be punishable, the act must have been committed by communicating it to at least three people. Something said to a single person does not meet that condition.
• Identifiability. The offence arises where the victim can be worked out from the circumstances, even if no name is given.
• Attributing a specific act, as opposed to abuse. Where a particular incident is attributed, the right to prove it may come into play; with general abusive words there is nothing to prove.
• Publicity. Committing the act publicly is a ground for increasing the sentence.

The line between harsh criticism and insult is drawn in practice by looking at the incident as a whole. Criticism that is uncomfortable or sharply worded may not by itself amount to an offence.

Threat: which form depends on a complaint

For threats the distinction turns on what the threat is directed at.

A threat of an attack on the life, bodily integrity or sexual inviolability of the person or of a relative does not depend on a complaint; it is investigated of the authorities' own motion.

A threat that a person will suffer substantial harm to their property, or that some other harm will be done to them, does depend on a complaint, and the sentence provided for it is lighter.

Making the threat with a weapon, by making oneself unrecognisable, by unsigned letter, by several people acting together, or by drawing on the intimidating power of a criminal organisation, are aggravated forms. No complaint is required for these either, and the sentencing range rises.

What to do about social media posts

A screenshot on its own is weak evidence, since it can be argued that it was altered. The course usually followed is:

• Recording the post together with its date, time and web address, and having it established through a notary where possible
• Setting out the account name, the web address and the date of the post clearly in the complaint petition
• Asking the prosecutor's office to obtain the IP records held by the platform and the access provider
• Where the content is still online, asking a criminal judgeship of peace (sulh ceza hâkimliği) to order its removal or to block access to it

For insult committed online, the condition of publicity is usually treated as satisfied. A post on an account open to everyone and a post inside a closed group may nonetheless be assessed differently.

Mediation and mutual insult

The forms of insult and threat that depend on a complaint fall within victim–offender mediation, and the file is sent to the mediation bureau at the prosecution office stage. Where insults were exchanged, the court may decline to impose a sentence on one or both parties. There is also a separate rule for insult committed in response to a wrongful act.

This article is for general information only and does not constitute legal advice on any specific matter. Time limits and sentencing ranges may be updated as legislation changes.