Article 123 of the Turkish Penal Code regulates the crime of disturbing the peace and tranquility of individuals.
According to the aforementioned article, with the intention of disturbing his peace and tranquility, a person insistently; In case of making phone calls, making noise or doing any other unlawful act for the same purpose, the perpetrator is sentenced to imprisonment from three months to one year, upon the complaint of the victim.
Unlawful behavior can be persistently leaving garbage in front of a person’s door, stone thrown at the window of his room, persistently ringing the doorbell, observing with binoculars from afar, holding a mirror to his face, observing the victim through the hole he has opened without saying a word, constantly following the car or on foot, etc. can also be. However, once the unlawful act is committed and left, it cannot be said that the act will continue uninterrupted, and it cannot be said that the crime in Article 123 has occurred.
The moral element of the crime is that the perpetrator acts with the specific intention of disturbing the peace and tranquility of a person.
In the crime of disturbing the peace and tranquility of people, the complaint must be made within 6 months from the date of the last time the persistent behavior was committed and the person who did it. Complaints that are not made within 6 months cannot be made afterward due to the period of disqualification.
If the complaint is made to the Chief Public Prosecutor’s Office in due time with the petition and its annexes, in the crime of disturbing the peace and tranquility of the persons subject to the complaint, conciliation will be pursued. If reconciliation is achieved during the conciliation phase, the behavior is deemed to have never occurred. As a result, no compensation can be awarded. If no agreement is reached, the investigation or prosecution continues.
While determining the Penalty of the Crime, a penalty of between 3 months and 1 year (imprisonment) is in question, as stated in the text of the article, taking into account the experience of the event.
