Categories: General

Crime Of Disturbing The Peace And Tranquility Of People

123 Of The Turkish Penal Code. in the article, the crime of disturbing the peace and tranquility of people is regulated.

According to the mentioned article, if a person is persistently called, made noise or engaged in other illegal behavior for the same purpose, the perpetrator shall be sentenced to imprisonment from three months to one year upon the complaint of the victim.

Illegal behavior can be persistent garbage leaving in front of a person’s door, as well as a stone thrown in the window of his room, persistent ringing of the doorbell, surveillance with binoculars from afar, holding a mirror to his face, spying on the victim through a hole he opened without saying any words, constantly following him by car or on foot, etc. they can be. But 123, since once the illegal behavior has been performed and abandoned, there can be no mention of uninterrupted continuation of the action. it is also not possible to mention that the crime in the article occurred.

The spiritual element of the crime is that the perpetrator acts with a special intent to disrupt the peace and quiet of a person.

In case 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 made and from the date of learning about the person who did it. Complaints that are not made within 6 months cannot be made after due to the rights reduction period.

If the complaint is made during the period with a petition and attachments to the prosecutor general’s office, the path of reconciliation will be taken. If reconciliation is achieved during the reconciliation phase, the behavior is considered to have never happened. As a result, compensation cannot be ruled out. If no agreement is reached, investigations or prosecutions continue.

In determining the penalty for the crime, taking into account the way the incident occurred, there is a penalty (imprisonment) of 3 months to 1 year, as stated in the text of the article.

Aşıkoğlu Law Office

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