The crime of disturbing the peace and tranquility of individuals, Turkish Penal Codeis governed under Article 123 of the and is one of the crime types aimed at protecting the individual's psychological peace, private life, and daily routine. Today, especially with the widespread use of phones, text messages, WhatsApp, social media applications, and other digital communication tools, this crime has become one of the more frequently encountered criminal law disputes in legal practice.

Not every disturbing behavior constitutes this crime. The legislature criminalizes only those actions that are persistent,, continuous in nature, and and carried out solely with the intent to disturb the victim's peace and tranquility. Therefore, a single phone call, sending a single message, or a momentary argument is often not evaluated within the scope of Article 123 of the TCK. For the crime to occur, the actions must show continuity and the perpetrator's intent must be directly to harass the victim.

This crime frequently arises in disputes between former spouses, romantic partners, neighbors, business associates, or individuals who met through social media. Persistent calling, continuing to call from different numbers, sending messages by opening new accounts despite being blocked, constantly showing up at the door, or engaging in behaviors that render the victim's daily life unbearable may constitute the crime of disturbing the peace and tranquility of individuals, depending on the specific circumstances of the case.

However, an important distinction must be made here. Calls made for the collection of a receivable, communication aimed at exercising a legal right, or reasonable communications carried out within the scope of a commercial relationship are not always evaluated within the scope of this crime. This is because Article 123 of the TCK requires specific intent, meaning that solely the intent to disturb the victim's peace is required.

In recent years, particularly stalking due to the increase in acts, Article 123/A has been added to the Turkish Penal Code and the crime of stalking has been separately regulated. Therefore, in practice, it is of great importance to distinguish between the provisions of TCK Article 123 and TCK Article 123/A. In many cases, the crime of disturbing the peace and tranquility of individuals and the crime of stalking are confused with one another, and which crime has been committed is determined based on the specific circumstances of the incident.

In this article, the elements of the crime of disturbing the peace and tranquility of individuals, its penalty, the complaint process, evidence, scope of conciliation, Court of Cassation practice, and the differences between this crime and stalking will be examined in detail.

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The Legal Provision Regulating the Crime of Disturbing the Peace and Tranquility of Individuals

The crime of disturbing the peace and tranquility of individuals, Under Article 123 of the Turkish Penal Code No. 5237, has been regulated.

According to the provision of the article;

“A person who persistently calls, makes noise, or engages in other unlawful behavior for the same purpose towards an individual solely with the intent to disturb their peace and tranquility shall be punished upon the complaint of the victim.”

As clearly understood from the text of the article, three fundamental elements must occur simultaneously for the crime to be constituted:

• Conduct directed at a specific person,
• An act carried out persistently,
• The sole intent to disrupt the victim's peace and tranquility.

In the absence of any of these conditions, Article 123 of the TCK may not apply. However, if the conditions are met, the same act may constitute other offenses such as threat, insult, violation of privacy, unlawful acquisition of personal data, or stalking.

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What is the Legal Interest Protected Under TCK Article 123?

The legal interest protected by the offense of disturbing individuals' peace and tranquility is the individual's mental integrity, psychological peace, private life, and freedom to continue daily life without being subjected to pressure.

Article 17 of the Constitution guarantees everyone's right to protect and develop their material and spiritual entity. Similarly, the provisions of the European Convention on Human Rights concerning the protection of private life aim to safeguard an individual's psychological integrity.

With this offense, the legislator penalizes not only physical disturbance but also behaviors that cause an individual to feel under constant pressure.

For example;

• being called by phone dozens of times a day,
• continually attempting to establish communication from different numbers,
• bombarding social media accounts with constant messages,
• constantly ringing the home doorbell,
• repeatedly going to the workplace,

can seriously affect a person's daily life. Article 123 of the TCK aims to prevent such conduct.

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Elements of the Offense of Disturbing the Peace and Tranquility of Persons

For an act to be considered a crime within the scope of Article 123 of the TCK, all elements specified in the law must occur together.

1. The Victim Must Be a Specific Person

The victim of this crime must be a specific and concrete person.

In general, behaviors that disturb the entire community are not evaluated within the scope of TCK Article 123.

For example;

• disturbing the entire neighborhood by playing loud music,
• making noise on the street in a manner that disturbs the environment,

does not always constitute the offense of disturbing the peace and tranquility of persons. In such cases, the Misdemeanors Law or provisions regarding environmental noise pollution may apply.

Conversely, banging on the wall every night to disturb a specific neighbor, shouting in front of their door, or behaviors targeting solely that individual may be evaluated within the scope of TCK Article 123.

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2. The Conduct Must Be Carried Out Persistently

explicitly in the law “persistently” expression is included.

Therefore, one-time behaviors are in most cases insufficient for the crime to constitute.

The concept of persistence is not numerically defined in the law.

Therefore;

• two calls,
• five calls,
• ten calls

there is no strict measure such as.

The courts evaluate the specifics of each concrete case separately.

The main criteria indicating the existence of persistence are as follows:

• The calls continuing on different days,
• The acts persisting despite the victim stating that they are disturbed,
• New numbers starting to be used despite the telephone number being blocked,
• New accounts being opened when social media accounts are closed,
• The same behaviors being repeated over a long period of time.

For instance, being called from different numbers for weeks despite the victim saying “do not call me anymore” is considered one of the significant indicators regarding the realization of the element of persistence in the Court of Cassation practice.

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3. The Perpetrator's Intent Must Be Solely to Disturb Peace and Tranquility

The most important feature distinguishing TCK 123 from many other crimes is the requirement of specific intent.

The perpetrator must act solely with the intent to harass the victim.

For example;

• a creditor wishing to collect a receivable making a reasonable number of phone calls,
• an attorney sending a notice of demand on behalf of their client,
• a bank communicating due to a loan debt,
• an employer calling their employee for business-related purposes,

does not always constitute the offense of disturbing the peace and tranquility of individuals.

However, a different assessment may be made if communication continues despite the termination of the legal relationship, if the calls reach the level of harassment, or if the communication exceeds its legitimate purpose and turns solely into a means of disturbance.

For this reason, courts determine the actual intent of the perpetrator by considering all the specific circumstances of the incident.

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4. One of the Acts Enumerated in the Law Must Occur

The law regulates three distinct groups of conduct.

Persistent Calling

This is the most frequently encountered conduct in practice.

For example;

• calling dozens of times during the day,
• constantly calling during nighttime hours,
• leaving missed calls,
• continuing to call from different numbers despite being blocked,

may be evaluated within the scope of Article 123 of the TCK.

However, each case is evaluated according to its own circumstances.

Persistently Making Noise

For example;

• continuously playing loud music with the intent to disturb a specific neighbor,
• banging on the door,
• intentionally making noise during nighttime hours,

may be evaluated within this scope.

Here, too, the sole intent must be to disrupt the peace of the victim.

Engaging in Another Unlawful Act for the Same Purpose

This phrase in the law can be interpreted quite broadly.

For example;

• constantly showing up at the door,
• continuously ringing the doorbell,
• sending hundreds of messages via WhatsApp,
• constantly sending DMs on Instagram’dan,
• creating new accounts when blocked,
• continuing to harass through third parties,

may be evaluated within this scope depending on the specific circumstances of the case.

Which Behaviors Constitute the Offense of Disturbing the Peace and Tranquility of Individuals?

The most crucial aspect regarding the offense of disturbing the peace and tranquility of individuals is that the behavior is repeated persistently and and aims to disrupt the victim's peace.. Therefore, every seemingly annoying behavior on its own is not evaluated within the scope of Article 123 of the TCK.

Courts render their decisions by evaluating the duration, intensity, frequency of repetition, impact on the victim, and the perpetrator's intent collectively in each specific case.

Some of the behaviors that may be considered within the scope of the offense in practice are as follows:

• Calling by phone dozens of times a day,
• Constantly calling late at night,
• Continuing to call using different numbers even though the phone number is blocked,
• sending hundreds of messages via WhatsApp,
• Constantly sending messages via Instagram, Facebook, X (Twitter), TikTok, or Telegram,
• Attempting to communicate by creating new social media accounts despite being blocked,
• Constantly going to the victim's doorstep,
• Persistently ringing the doorbell,
• Going to the workplace repeatedly,
• Constantly sending messages through third parties,
• Harassing by constantly sending flowers, gifts, or deliveries,
• Creating psychological pressure by constantly going to places where the victim is located.

These examples are not exhaustive. Those set forth in the law “other unlawful acts” thanks to this phrase, many similar acts can also be evaluated within the scope of Article 123 of the TCK depending on the circumstances of the incident.

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Does Harassing via Social Media Constitute a Crime?

With the advancement of technology, crimes of disturbing the peace and tranquility of individuals are now largely committed in the digital environment.

In particular;

• WhatsApp,
• Instagram,
• Facebook,
• Messenger,
• X (Twitter),
• Telegram,
• Signal,
• TikTok,
• Discord

persistent communication attempts carried out through applications such as these can become the subject of an investigation.

For example;

Even though a person is blocked on an Instagram account, opening a new account and sending messages repeatedly,

sending hundreds of messages via WhatsApp,

making continuous voice calls through Telegram,

continually harassing the victim by opening fake accounts,

may be evaluated within the scope of Article 123 of the TCK depending on the specific circumstances of the case.

However, even here, there is a significant difference between sending a single message and systematic harassing behavior continuing for weeks.

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Do WhatsApp Messages Constitute the Crime of Disturbing the Peace and Tranquility of Individuals?

This is one of the most frequently encountered questions in practice.

Although the law only includes the phrase “making phone calls”, in the jurisprudence of the Court of Cassation, other unlawful behavior concept is interpreted broadly.

Accordingly:

• continuously sending WhatsApp messages,
• repeating the same message over and over,
• sending messages throughout the night,
• using alternative numbers despite being blocked,

may constitute a crime depending on the circumstances of the incident.

On the other hand;

a single message,

a message written solely for the purpose of apologizing once,

a reasonable number of messages sent within the scope of a legal relationship,

in most cases, are not evaluated under Article 123 of the TCK.

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Does a Former Lover's Constant Calling Constitute a Crime?

Communication issues experienced between former lovers constitute a significant portion of investigations regarding the crime of disturbing the peace and tranquility of individuals.

Following the termination of the relationship;

• continual phone calls,
• using different numbers,
• continually sending messages via social media accounts,
• continuing to harass through mutual friends,

if behaviors such as these become so intense and persistent that they cannot be explained merely by a desire for reconciliation, they may be evaluated within the scope of Article 123 of the TCK.

Particularly, the continuation of such behavior despite the victim explicitly stating that they do not wish to communicate is one of the significant indicators that the crime has been committed.

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Is Constantly Calling by Phone Always a Crime?

No.

A person constantly making phone calls does not mean, in and of itself, that a crime has been committed.

For example;

• a mother or father calling out of concern for their child,
• an employer attempting to reach an employee,
• a creditor communicating with a debtor,
• an attorney requesting a meeting on behalf of a client,

do not always constitute a crime.

The decisive factor here is;

of the calls for what purpose they were made and is whether the persistence has reached the level of harassment.

The courts examine in detail whether the perpetrator truly had a legal or legitimate purpose.

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Does Calling to Demand a Debt Constitute a Crime?

Article 123 of the TCK frequently comes to the agenda in debtor-creditor relationships as well.

A creditor may call their debtor to a reasonable extent in order to collect their receivables.

However;

• calling dozens of times a day,
• calling throughout the night,
• exerting pressure by also calling family members,
• using threatening statements,

such behaviors may exceed the limits of exercising a legal right.

In this case, not only the offense of disturbing the peace and tranquility of individuals;

• threats,
• defamation,
• unlawful use of personal data,

other offenses may also come into question.

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Does Neighborly Noise Fall Within the Scope of TCK Article 123?

This is one of the most frequently encountered disputes in neighborly relations law.

Not every instance of listening to loud music or making noise constitutes the offense of disturbing the peace and tranquility of individuals.

However;

targeting a specific neighbor,

at the same hours every night,

persistently,

solely for the purpose of causing annoyance,

if noise is made, TCK Article 123 may apply.

Conversely, renovations carried out in an apartment building, noises resulting from children playing, or ordinary daily living activities are generally not considered within the scope of this offense.

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Which Behaviors Do Not Constitute the Offense of Disturbing the Peace and Tranquility of Individuals?

In practice, many individuals assume that every disturbing behavior falls under Article 123 of the TCK.

However, the following behaviors generally do not constitute this offense in most cases:

• Making a phone call once,
• Sending a message once,
• Going to the door once,
• Making a reasonable number of calls regarding a debt,
• Sending a formal warning (notice),
• Attempting to communicate prior to filing a lawsuit,
• Calling for a job interview,
• Accidental calls,
• Sending a social media message once.

Of course, these behaviors may constitute the subject of other offenses. However, when evaluated solely under TCK Article 123, the elements of persistence and specific intent required for the offense to occur are frequently absent.

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Differences Between the Offense of Disturbing the Peace and Tranquility of Persons and the Offense of Stalking (TCK Article 123/A)

One of the most commonly confused issues in practice is the difference between the offense of disturbing the peace and tranquility of persons and the offense of stalking .

Although both offenses involve harassing the victim, the legal interest protected and the elements of the offenses differ.

TCK 123	TCK 123/A
Protects the peace and tranquility of individuals	Protects the individual's sense of security
Persistence is required	Persistence is required
Specific intent is required	It is sufficient to create serious anxiety in the victim
Telephone calls, noise, or similar behaviors	Much broader behaviors including physical or digital stalking
The penalty is lighter	A heavier sanction is stipulated

For example;

while an ex-partner calling dozens of times every day may be evaluated within the scope of TCK 123,

constantly waiting in front of a person's home, stalking them, monitoring their route, and creating fear may be evaluated within the scope of TCK 123/A.

Therefore, it is crucial to accurately determine which offense has been committed based on the specific circumstances of the incident.

Penalty for the Offence of Disturbing the Peace and Tranquility of Individuals (TCK Art. 123)

The crime of disturbing the peace and tranquility of individuals, Under Article 123 of the Turkish Penal Code No. 5237, is stipulated. According to the statutory provision, any person who persistently makes phone calls, causes noise, or engages in other unlawful conduct with the sole intent to disturb the peace and tranquility of another individual shall face criminal sanctions.

The sanction provided for the base form of the offence is:

• imprisonment from 3 months to 1 year.

When determining the sentence, the court evaluates;

• the duration of the act,
• its impact on the victim,
• the intensity of the perpetrator's intent,
• the manner in which the offence was committed,
• the perpetrator's criminal record,
• their demeanor during the trial proceedings

in conjunction to determine the base sentence.

Since each specific case is examined according to its own merits, it is possible for two seemingly identical cases to result in different penalties.

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Is the Crime of Disturbing the Peace and Tranquility of Persons Subject to a Complaint?

Yes.

The crime regulated under Article 123 of the TCK is among crimes subject to a complaint .

Therefore, as a rule, no investigation is initiated by the Chief Public Prosecutor's Office unless the victim files a complaint.

The complaint can be filed with;

• the Chief Public Prosecutor's Office,
• a police station,
• a Gendarmerie Command.

can be made.

The most frequently preferred method in practice is to file a criminal complaint with the Chief Public Prosecutor's Office by means of a petition.

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What is the Period of Limitation for Filing a Complaint?

Pursuant to Article 73 of the Turkish Penal Code (TCK), in offenses subject to a complaint, the victim must exercise their right to file a complaint within six months.

The six-month period;

• begins to run from the date on which
• the identity of the offender and

the commission of the act are learned.

For example;

If the victim learns three months later that calls coming from different numbers were made by the same person, the six-month period shall be calculated from that date.

Once the complaint period has expired, it will no longer be possible to initiate an investigation regarding the same act.

Therefore, especially in crimes committed in the digital environment, it is of utmost importance to collect evidence without delay and to make the application within the prescribed time limit.

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Can the Complaint Be Withdrawn?

Yes.

Since this offense is subject to a complaint, the victim may withdraw their complaint until the proceedings become final.

However, for the waiver to produce legal effects, the conditions stipulated by law must be fulfilled.

In most cases, the criminal case is dismissed upon the withdrawal of the complaint.

Nevertheless, if threats, insults, or other crimes were also committed within the scope of the same incident, the proceedings may continue depending on the nature of these offenses.

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Is the Crime of Disturbing the Peace and Tranquility of Persons Subject to Conciliation?

Yes.

The crime of disturbing the peace and tranquility of individuals, Crimes within the scope of conciliation pursuant to the Code of Criminal Procedure .

Therefore, during the investigation phase, the file is first sent to the conciliation bureau.

The conciliator;

• victim,
• suspect

meets with them to explore whether an agreement can be reached.

If the parties reach a settlement, a public lawsuit is not filed.

If no settlement is reached, the investigation proceeds in the normal course.

In practice, a significant portion of the files initiated particularly between former spouses, neighbors, and parties with commercial relations are concluded during the conciliation stage.

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Can a Prison Sentence Be Converted into a Judicial Fine?

Depending on the duration of the sentence handed down by the court and the specific circumstances of the case, short-term prison sentences may be converted into judicial fines may be possible.

However, there is no automatic application regarding this matter.

Court;

• the personality of the offender,
• criminal record,
• the manner in which the offence was committed,
• likelihood of reoffending

evaluates and makes a decision.

Therefore, it is not accurate to state that a prison sentence will be converted into a fine in every case file.

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Can a Pronouncement of the Verdict Be Suspended (HAGB) Decision Be Issued?

Provided that the statutory conditions are met, the court may Pronouncement of the Verdict Be Suspended (HAGB) a decision may be rendered.

For an HAGB decision to be rendered;

• the defendant must not have been previously convicted of an intentional crime,
• the damage suffered by the victim must be remedied (if applicable),
• the court must reach the conviction that the defendant will not commit a crime again

such conditions must be met.

In the event that an HAGB decision is rendered, the verdict is not announced for a certain probationary period.

If no new intentional crime is committed within the probationary period and obligations are complied with, the case is dismissed.

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Can the Sentence Be Suspended?

A prison sentence imposed by the court may be suspended if the conditions under the Turkish Penal Code are met.

Particularly regarding individuals committing a crime for the first time, provisions on suspension frequently come into question in practice.

However, this matter is entirely subject to the discretion of the court.

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What is the Statute of Limitations Period?

In the offense of disturbing the peace and tranquility of individuals, both the complaint period and the statute of limitations for prosecution are distinct concepts.

While the complaint period is six months, the provisions regarding the statute of limitations for filing a public lawsuit also apply.

Therefore, even if a long time has passed since the incident, the calculation of the statute of limitations must be made based on the specific circumstances of the case.

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Evidence in the Offense of Disturbing the Peace and Tranquility of Individuals

Since this offense is frequently committed through digital communication tools, the proper collection of evidence is of utmost importance.

The most commonly used evidence in practice is as follows:

Phone Records (HTS)

Call logs are crucial pieces of evidence regarding the frequency and dates of communications.

However, HTS records do not show the content of the conversation, but rather that the communication took place.

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WhatsApp Correspondence

WhatsApp messages,

sound recordings,

video call records,

messages sent after being blocked

may be evaluated as evidence.

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Social Media Messages

Instagram,

Facebook,

Messenger,

X,

Telegram,

TikTok,

Discord

messages sent via can also be submitted to the case file as evidence.

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Screenshots

Screenshots of messaging logs are frequently used in practice.

However, when necessary, the court may additionally investigate the authenticity of these records.

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Witness Statements

For example;

colleagues,

neighbors,

family members

personally witnessing the acts of harassment, witness testimonies may also constitute significant evidence.

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Camera Recordings

In cases where the perpetrator continuously comes to the victim's home or workplace, security camera footage serves as one of the crucial means of proof.

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Audio Recordings

For audio recordings to be used as evidence, they must have been obtained in a lawful manner. is affiliated with.

The lawfulness of the records is evaluated separately for each specific case.

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Most Frequently Encountered Legal Disputes Regarding Defense

In the offense of disturbing the peace and tranquility of persons, the victim's statement alone may not be sufficient. Pursuant to the principle of the presumption of innocence / the benefit of the doubt (in dubio pro reo) , one of the fundamental principles of criminal procedure, the crime must be proven with definitive and convincing evidence beyond any shadow of a doubt.

In practice, the defenses most frequently asserted by defense counsel for the accused are as follows:

• That the communications were made within the scope of a legal relationship (debt, receivable, business relationship, etc.),
• That the communication continued with the victim's consent,
• That the number of calls and messages was not of sufficient intensity to constitute the element of “persistence”,
• That the perpetrator's intention was not to disturb the victim's peace, but rather to establish communication or exercise a legal right,
• That the evidence was obtained unlawfully,
• That the acts should be evaluated under a different legal assessment rather than within the scope of Article 123 of the TCK.

Therefore, each case is evaluated not solely based on the number of calls or messages, but by taking into account the relationship between the parties, the purpose and duration of the communication, and all the specific circumstances of the incident.

Current Court of Cassation Practice Regarding the Offense of Disturbing the Peace and Tranquility of Persons

When examining the precedents of the Court of Cassation (Yargıtay) regarding the offense of disturbing the peace and tranquility of individuals, it is observed that the courts particularly focus on “persistence” and “specific intent” elements. For an act to be evaluated within the scope of Article 123 of the TCK, it is not sufficient solely for the victim to be disturbed. The perpetrator's conduct must be continuous and carried out exclusively with the intent to disturb the victim's peace.

The principles highlighted in the precedents of the Court of Cassation (Yargıtay) can be summarized as follows:

• A single phone call or message is generally not sufficient for the offense to constitute a crime.
• The calls or messages must continue for a certain period of time.
• Communications made by the perpetrator to exercise a legal right are not evaluated within the scope of Article 123 of the TCK, provided there is no explicit intent solely to disturb the peace.
• The continuation of such conduct despite the victim explicitly stating that they do not wish to be contacted is a significant indicator that the offense has been committed.
• Each case is evaluated according to its own specific circumstances; it is not possible to state that a specific number of calls automatically constitutes a crime.

Therefore, in practice, decisions are rendered during both the investigation and prosecution stages by evaluating all evidence of the incident together.

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Court with Jurisdiction and Venue in the Offense of Disturbing the Peace and Tranquility of Individuals

The court having jurisdiction in criminal cases filed due to this offense is the Criminal Court of First Instance.

The court with venue is, as a rule, the court of the place where the offense was committed.

In cases where the offense is committed via telephone or the internet, the issue of venue is evaluated according to the specific circumstances of the case.

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How Does the Investigation Process Proceed?

An investigation is initiated by the Office of the Chief Public Prosecutor upon a complaint.

During this process, the prosecutor's office:

• takes the statement of the victim,
• takes the defense of the suspect,
• requests HTS (historic traffic search) records,
• may commission an expert witness examination when necessary,
• may investigate social media records,
• may hear witnesses.

After the evidence is collected;

• a decision of non-prosecution may be rendered,
• the mediation/conciliation process may be initiated,
• an indictment may be drafted if sufficient suspicion is found.

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Prosecution Stage

Upon the acceptance of the indictment, the criminal case begins to be heard in the Criminal Court of First Instance.

Court;

• hears the parties,
• hears the witnesses,
• examines digital evidence,
• evaluates HTS (Historical Traffic Search) records,
• obtains an expert report if necessary.

At the end of the trial;

• acquittal,
• conviction,
• decision of no grounds for punishment,
• dismissal of the case

and similar judgments may be rendered.

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The Importance of a Lawyer in the Offense of Disturbing the Peace and Tranquility of Persons

Although the sanction for the offense regulated under TCK Article 123 may appear lower compared to certain other offenses, conducting the investigation improperly can lead to significant loss of rights for both the victim and the suspect.

In particular;

• preserving digital evidence in accordance with procedures,
• accurate evaluation of HTS records,
• timely preservation of social media records,
• challenging unlawfully obtained evidence,
• evaluation of the element of specific intent

it is crucial to obtain legal support from an attorney experienced in criminal law.

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Frequently Asked Questions (FAQ)

1. What is the crime of disturbing the peace and tranquility of individuals?

It is the act of disturbing a person persistently by phone calls, making noise, or similar unlawful behaviors solely for the purpose of disrupting their peace.

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2. In which law is TCK 123 regulated?

It is regulated under Article 123 of the Turkish Penal Code numbered 5237.

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3. What is the penalty for the crime?

Base sentence imprisonment from 3 months to 1 year.

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4. Is this crime subject to a complaint?

Yes. As a rule, an investigation cannot be initiated without the victim's complaint.

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5. What is the statute of limitations for filing a complaint?

Starting from the identification of the offender and the act it is 6 months.

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6. Does making a phone call a single time constitute a crime?

In most cases, no. The element of persistence is required for the crime to occur.

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7. Can WhatsApp messages constitute a crime?

Yes. Persistent messages intended solely to harass may constitute a crime depending on the specific circumstances of the case.

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8. Is continuously sending messages via Instagram a crime?

Systematic messages that continue by opening new accounts despite being blocked may be evaluated within the scope of TCK Article 123.

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9. Is it a crime for an ex-lover to constantly call?

If there is persistence, specific intent, and communication that continues despite the victim's objection, a crime may have been committed.

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10. Is it a crime to call in order to demand a debt?

Not always. Reasonable communication conducted for the purpose of exercising a legal right does not constitute a crime.

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11. Does a neighbor constantly making noise constitute this crime?

Behaviors targeting a specific person and solely intended to harass may constitute a crime.

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12. Is this crime subject to settlement/conciliation (uzlaştırma)?

Yes.

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13. Can it be converted into a judicial fine?

It is possible provided that the conditions are met.

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14. Can HAGB (Pronouncement of the Verdict's Deferment) be applied?

It can be applied if the statutory conditions are met.

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15. Can the sentence be suspended?

Yes, if the conditions are met, it can be postponed by the court.

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16. Do phone records serve as evidence?

Yes. HTS (Historical Traffic Search) records are among the important pieces of evidence.

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17. Are screenshots considered valid evidence?

Yes. However, its accuracy can be investigated when necessary.

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18. Are witness testimonies sufficient?

Witness statements are evaluated together with other evidence.

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19. Can audio recordings be used?

It must be obtained in a lawful manner.

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20. Is pre-trial detention applicable for this crime?

Considering the nature of the crime and the amount of the penalty, detention is a rather exceptional measure in practice.

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Conclusion

The offense of disturbing the peace and tranquility of individuals is one of the important types of crimes aimed at protecting the individual's psychological integrity and daily life tranquility. However, the most common mistake in practice is assuming that every disturbing behavior will automatically be evaluated within the scope of Article 123 of the TCK. Yet, for the crime to occur, persistence, specific intent and targeting a specific person the elements must coexist.

Especially with the widespread use of telephone, WhatsApp, Instagram, Facebook, and other digital communication tools, the methods of committing this crime have also changed. Courts now evaluate not only phone calls but also systematic harassment behaviors carried out via social media according to the specific circumstances of the case.

In addition, it should not be forgotten that the same act may in some cases constitute different offenses such as the crime of stalking (TCK 123/A), threat, insult or unlawful use of personal data . Therefore, it is crucial for both victims and suspects to carefully follow the investigation process and receive legal support to avoid any loss of rights.

If you or a loved one are facing an investigation or criminal case conducted within the scope of the offense of disturbing the peace and tranquility of individuals, it is of great importance to make a legal assessment appropriate to the specific circumstances of the case. Each file must be examined separately based on its evidentiary status, the relationship between the parties, and the way the incident unfolded.

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