This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at İftira ve Suç Uydurma: Asılsız Şikâyetin Bedeli.
False accusation is imputing an offence to a person knowing that they did not commit it (Article 267 of the Criminal Code); it is prosecuted of the prosecutor's own motion and needs no complaint. The imputation must be directed at an identified person. Where the offender tells the truth before an investigation of the victim begins, the provisions on effective remorse apply and the penalty falls sharply.
Someone made an unfounded complaint accusing you of an offence, you were investigated, and a decision was made not to prosecute. What can you do about the complainant?
This article sets out the boundaries of the offence, how it differs from neighbouring offences, and the route to damages — and also why not every acquittal means false accusation.
What False Accusation Is
Article 267: a person who, by a report or complaint to the competent authorities or through the press, imputes an unlawful act to another knowing that they did not commit it, in order to have an investigation or prosecution started or an administrative sanction imposed on them, is punished.
The critical element is knowledge that the act was not committed. The complainant must have acted knowing the imputation to be untrue.
So not every acquittal or decision not to prosecute means the complainant committed false accusation. Insufficient evidence, a mistaken perception or an honest error is not false accusation.
The penalty is increased where the offender fabricates physical evidence of the act, and where the victim is taken into custody or detained on remand as a result.
It is further aggravated where the victim suffers serious consequences from the accusation.
How It Differs from Neighbouring Offences
Fabricating an offence (Article 271): a person who reports to the competent authorities an offence they know was not committed, or who fabricates the evidence and traces of an offence that was not committed so as to cause an investigation, is punished. Here no identified person is accused; a non-existent offence is reported.
Falsely admitting an offence (Article 270): a person who tells the competent authorities, contrary to the truth, that they committed or participated in an offence is punished. Taking the blame to protect someone else falls within this.
False testimony (Article 272): a person who gives evidence contrary to the truth before a person or body empowered to hear witnesses in an investigation into an unlawful act is punished.
The distinction from insult matters too: false accusation involves the imputation of a specific offence and a report to a competent authority; insult is an attack on honour, dignity and reputation.
| Offence | Distinguishing element | Provision |
|---|---|---|
| False accusation | Imputing to an identified person an offence known not to have been committed | Art. 267 |
| Fabricating an offence | Reporting an offence that was never committed; no offender named | Art. 271 |
| False testimony | Evidence contrary to the truth in proceedings | Art. 272 |
| Failing to report an offence | Not reporting an offence being committed | Art. 278 |
| Insult | An attack on honour and reputation; no imputation of an offence required | Art. 125 |
Making a complaint is not in itself false accusation. What decides it is knowledge that the imputation was untrue; a decision not to prosecute, or an acquittal, does not by itself establish the offence.
Effective Remorse
Article 269 provides for effective remorse in false accusation, on a sliding scale.
The reduction differs according to whether the accuser tells the truth before an investigation of the victim begins, before a prosecution begins, before judgment, or after the judgment becomes final.
How early the truth is told directly affects the reduction, and the largest is reserved for telling it before the investigation starts.
The purpose of the provision is to encourage the victim's release from the imputation as early as possible.
When Can You Complain?
Before complaining of false accusation you generally have to wait for the original investigation to conclude, because the untruth of the imputation must first emerge.
The course followed in practice:
- a decision not to prosecute in the investigation against you, or an acquittal at trial
- the decision becoming final
- a report of the offence, setting out the facts showing that the complainant knew the imputation was untrue
The third step decides the case. The facts that show intent: repeated unfounded complaints against the same person, hostility between the parties, the complaint serving a particular purpose (divorce proceedings, an employment dispute, a family dispute over an inheritance), and fabricated documents or evidence.
False accusation is prosecuted of the prosecutor's own motion and needs no complaint. But the victim's report is what sets the prosecutor in motion.
Can You Claim Damages?
Independently of the criminal route, a claim for damages can be brought for the loss caused by the unfounded complaint.
The basis is the law of tort (Articles 49 ff. of the Code of Obligations) and the provisions protecting personality rights (Articles 24–25 of the Civil Code and Article 58 of the Code of Obligations).
What can be claimed: the legal and travel costs incurred because of the investigation, loss of work, and non-pecuniary damages.
Here too the test is whether the right to complain was abused. The right of petition under Article 74 of the Constitution is protected, but it cannot be exercised contrary to the rule of good faith.
And where there was custody or detention on remand without justification, claiming compensation from the State under Article 141 of the Code of Criminal Procedure is a separate route, independent of any claim against the accuser.
The offence requires the complainant to have acted knowing the imputation to be untrue. Insufficient evidence or an honest mistake is not false accusation. You have to put forward the concrete facts that show intent — hostility, repeated unfounded complaints, fabricated evidence.
Frequently Asked Questions
Does an acquittal mean the complainant committed false accusation?
No. The offence requires knowledge that the imputation was untrue. Insufficient evidence or an honest mistake does not amount to it.
What is the difference from fabricating an offence?
False accusation imputes an offence to an identified person. Fabricating an offence reports a crime that never happened, without naming anyone.
Do I have to complain, or does the prosecutor act alone?
False accusation is prosecuted of the prosecutor's own motion and needs no complaint, but the victim's report is what sets the prosecutor in motion.
Can the accuser reduce their sentence by admitting it?
Yes. Article 269 provides for effective remorse on a sliding scale, with the largest reduction for telling the truth before the investigation of the victim begins.
Can I claim damages for an unfounded complaint?
Yes, in the civil court, for legal and travel costs, loss of work and non-pecuniary damages, where the right to complain was abused. Compensation from the State under Article 141 is a separate route where you were detained.