While the related crime is regulated in Article 214 of the TCK, the acts of “public incitement to commit a crime” in the first paragraph of the article and “inciting the people to kill each other” in the second paragraph are penalized.
In this crime, if the crime constituting the subject of the provocation has not been committed, the act of incitement is not punished as a preparatory act. However, in case of public provocation, contrary to this general rule, it is regulated that in the event that such provocation has not produced any results, the perpetrator should be punished. The reason is the threat of the act to public peace.
In the letter of the law, incitement to commit a crime is mentioned. Here, Provocation is to incite others to commit certain acts by revealing or strengthening the criminal impulses with an action that will affect the person, or by destroying or weakening the thoughts that prohibit or hinder this.
In this crime, the means used in provocation are not important, it is sufficient that the vehicles are suitable for provocation. Do not provoke; speech, writing, radio, television, cinema, theater, etc. The drive can be related to the future and the current time, and even be conditional.
Article 214/1 of the TCK, in which the law regulates the relevant crime, states that the provocation must be public. Since the state of public provocation in terms of public peace seemed dangerous in the regulation, the act of provocation was punished even if it did not produce results.
In this respect, it is not necessary for the act of incitement to have been committed in public or public places. The fact that the provocation is open in front of many people is sufficient for the crime to occur.
In addition, the subject of the provocation should be a crime, so that the law in which the crime takes place does not matter, and it is not sought to be a crime that should be investigated or prosecuted ex officio.
The phrase “crime” in Article 214 does not cover the public provocation to commit an administrative crime, but regulates the provocation regarding judicial crimes.
Public incitement is sufficient for the completion of the crime, and it does not matter whether the crime against which the provocation is directed has been committed or not. However, if the crime that is the subject of the provocation has been committed or if the stage of attempt has been made in the execution of this crime, the agitator is punished as the instigator of this crime. (TCK, m, 214, f, 3).
On the other hand, incitement to commit a crime is an intentional crime and it is sufficient to commit it with general intent in terms of the moral element of the crime.
In terms of this crime, the intent is to have the will to provoke the commission of that crime with the awareness of ensuring that a certain crime is committed by others.
In addition, in the related article, if the act of incitement is committed through “press and broadcast”, the penalty is aggravated. (TCK, art.218)