Report by: Suad Saeed
An individual may be held accountable for actions that violate local or international laws.
With the advancement of technology and artificial intelligence becoming part of individuals’ daily lives, people now have access to information both inside and outside their countries. This has opened the door for non-experts to express opinions on events they may not fully understand, particularly those related to politics, defense, or national security, as well as diplomatic relations between states.
As a result, individuals often share superficial opinions publicly, leading to the spread of perspectives lacking proper awareness of the origins of events. This, in turn, results in serious legal violations, such as infringing on state sovereignty or targeting national leaders.
Legal Framework in Turkey
Turkish Penal Code No. 5237 outlines various criminal offenses, including warnings, penalties, and reductions in punishment based on the specifics of each case, to prevent violations of domestic and international regulations or state relations.
According to the legal framework, penalties are imposed on those who publicly insult or defame specific national symbols and encourage others to use such prohibited expressions.
Article 343: Protection of Recognized States
Article 343 of the Turkish Penal Code states that if an offense is committed against a country recognized by the Republic of Turkey, penalties will be imposed on the perpetrators, provided that there is a reciprocity agreement between the two nations. This measure aims to preserve bilateral relations and prevent any violations of national sovereignty.
Article 340: Crimes Against Foreign Heads of State
Article 340 of the Turkish Penal Code No. 5237 stipulates that if an individual insults or defames the leader of a foreign state, the penalty will be increased by one-eighth of the original punishment.
For example, if a person is sentenced to one year in prison, the sentence will be extended to a more severe one-year imprisonment.
Legal provision: If the crime is committed publicly, the penalty is doubled:
“Original sentence + an additional one-sixth of the penalty.”
The affected party must file a complaint within six months of the public offense against a foreign leader or official.
Article 341: Protection of National Symbols
Article 341 of the Turkish Penal Code states that any person who publicly desecrates the flag of a nation or undermines its sovereignty may be sentenced to imprisonment ranging from three months to one year.
If an individual holding an official position makes defamatory remarks about a state or its leaders in public forums, television programs, or online platforms, or burns or tears down a flag displayed on an administrative building, they will face legal consequences.
Those who insult national sovereignty and values will be punished, provided the affected country files a complaint within six months of the incident.
Article 342: Protection of Diplomats and Officials
Article 342 of the Turkish Penal Code states that if a person insults or otherwise attacks a member of a diplomatic mission, a government official representing a foreign state, or individuals protected under international law, they will be treated as if they have assaulted a public official performing their duties.
Public officials and diplomatic representatives have the fundamental right to carry out their duties safely and without threats. Accordingly, the Republic of Turkey provides legal protection for foreign diplomats and officials under the principle of reciprocity.
Turkish Penal Code No. 5237 imposes increased sentences on individuals committing such offenses, emphasizing the need for security measures that ensure diplomats and officials can perform their duties.
Article 1/131 of the Penal Code states that the minimum sentence for these crimes is one year in prison, provided the victim files a complaint within six months of the attack.
To safeguard foreign representatives, anyone found guilty of targeting them is subject to imprisonment and/or financial penalties. This ensures the sovereignty of states and the protection of their officials within Turkish territory.
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