Court of Cassation: Calling a police officer a “jackal” is rude, not insulting

The 4th Criminal Chamber of the Court of Cassation overturned the six-month prison sentence imposed on a defendant who called a police officer a “jackal” during an identity check in İzmir. The chamber ruled that the word was rude and discourteous but did not meet the elements of the offense of insult.

The 4th Criminal Chamber of the Court of Cassation overturned as unlawful the conviction for insult imposed on a defendant who called a police officer a “jackal.” The chamber ruled that the word was “an offensive, rude and discourteous form of address,” but concluded that, in the specific circumstances, the elements of the offense of insult had not been met.

The incident took place in İzmir after an argument broke out between police and a person whose identity was being checked. The person who called the police officer a “jackal” was prosecuted under Article 125 of the Turkish Penal Code for the offense of insult. İzmir’s 10th Criminal Court of First Instance sentenced the defendant to six months in prison, while the 10th Criminal Chamber of the İzmir Regional Court of Justice rejected the appeal.

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The defendant appealed to the Court of Cassation, arguing that the ruling had been issued without sufficient examination and without considering mitigating circumstances and the provisions on provocation. The 4th Criminal Chamber of the Court of Cassation found the appeal justified and overturned the conviction by a majority vote. One of the chamber’s members issued a dissenting opinion, arguing that the word “jackal” should be deemed an insult.

The reasoning of the ruling recalled that, for the offense of insult, a person’s honor, dignity and reputation must be targeted and the conduct must be intended to humiliate that person. The ruling noted that whether a statement is degrading may vary depending on the time, place and circumstances, and emphasized that “not every harsh criticism or offensive statement directed at individuals should be assessed within the scope of the offense of insult.”

Court of Cassation: Calling a police officer a “jackal” is rude, not insulting