For offences committed through the press the period for bringing proceedings departs from the general rules of criminal law and is much shorter. More than that, the Law characterises the period as a condition of prosecution: once it expires, no case can be brought.
The provision: Article 26 of Law No. 5187
“It is compulsory that criminal cases concerning offences committed through printed works or online news sites, or other offences provided for in this Law, be brought as a condition of prosecution, within four months in respect of daily periodicals and online news sites and within six months in respect of other printed works.”
The words “as a condition of prosecution” were added by Article 77 of Law No. 6352 of 2 July 2012; the same amendment raised the periods from two months to four and from four months to six. The words “or online news sites” were added by Article 9 of Law No. 7418 of 13 October 2022.
When time starts to run
| Type of publication | Period | Runs from |
|---|---|---|
| Daily periodicals | 4 months | The date the printed work was delivered to the public prosecutor’s office |
| Online news sites | 4 months | The date of the criminal complaint concerning the report |
| Other printed works | 6 months | The date of delivery to the public prosecutor’s office |
| Where the printed work was not delivered | The same periods | The date the public prosecutor’s office became aware of the act constituting the offence |
The ceiling: limitation of prosecution
The last sentence of Article 26(2): “However, those periods may not exceed the periods provided for in the article of the Turkish Criminal Code on limitation of prosecution.” The four- or six-month period therefore does not revive a case where the limitation period for prosecution has expired.
Special starting points
| Situation | Time runs from | Paragraph |
|---|---|---|
| An action against the person who caused publication of a work said to have been published despite the objection of the responsible editor and the official above them | The date the judgment of acquittal in respect of the responsible editor and that official becomes final | Art. 26(3) |
| An action against the author of the work where the responsible editor discloses the author | The date of disclosure | Art. 26(4) |
| Offences whose prosecution depends on a complaint | The date on which commission of the offence was learned (without exceeding the limitation period) | Art. 26(5) |
| Offences where bringing a public prosecution depends on permission or a decision | Time is suspended by the making of the application; the suspension may not exceed four months | Art. 26(6) |
When is the offence committed?
Article 11(1) of Law No. 5187: “An offence committed through printed works or online news sites is committed at the moment of publication.” That is the starting point for calculating the periods. Under Article 2(b) “publication” means “making a printed work available to the public in any manner”.
A damages claim is not subject to this period
Article 26 of Law No. 5187 governs criminal cases only. A claim for damages is subject to the limitation period in Article 72 of Law No. 6098: two years from awareness and in any event ten years from the act; where the act constitutes an offence carrying a longer criminal limitation period, that period applies.
| Type of case | Period | Character |
|---|---|---|
| Criminal case | 4 months / 6 months | Condition of prosecution — once expired, no case can be brought |
| Damages claim | 2 years / 10 years / criminal limitation | Limitation |
| Correction and reply request | 2 months | A period of forfeiture |
Such cases are treated as urgent
Article 27(3) of Law No. 5187: “Cases concerning offences committed through printed works or online news sites, or other offences provided for in this Law, shall be treated as urgent business.” That secures priority in the conduct of proceedings.
The competent court is covered in the court guide and limitation for damages in the limitation guide.