The Crime of Stalking

Stalking Crime – Lawyer in Izmir

The crime of stalking, which was introduced into our legislation under Article 123/A of the Turkish Penal Code with the amendment published on May 27, 2022, raises many questions. We have briefly examined this type of crime for you.

What is the crime of stalking?

The law states that for the crime of persistent stalking to occur, it is necessary to cause serious distress to a person or to cause them or a loved one to fear for their safety by persistently following them physically or by attempting to contact them using communication tools, information systems, or third parties.

What is the penalty for stalking?

Turkish Penal Code The law stipulates that in cases where the crime of persistent stalking occurs, a prison sentence of six months to two years will be imposed. However, there are also provisions for increasing the sentence if certain elements of the crime are present.

The crime of stalking;

a) Committing the crime against a child or against a spouse who has been separated from or divorced,           
b) Causing the victim to change their school, workplace, or residence, or to quit their school or job,
c) The crime is committed by an offender against whom a restraining order or a measure prohibiting him from approaching the residence, school, or workplace has been issued.,          
In this case, the penalties I have mentioned above are increased to imprisonment for one to three years.

Dependent on Complaint

With the relevant regulation, the crime of persistent stalking has been established as a type of crime dependent on a complaint. For this reason, victims of persistent stalking must report this situation to the Public Prosecutor's Office in their place of residence within a period of 6 (six) months and file a complaint.

Dated May 27, 2022 What else does this change bring with it?

The Law No. 7406 on Amendments to the Turkish Penal Code and Certain Other Laws includes changes not only to the crime of stalking, but also to several other issues that are frequently discussed in the public sphere.

• Crimes of intentional bodily harm committed against healthcare workers and women have been included in the catalog of crimes.,
• The defendants' demeanor and conduct during the trial are no longer a reason for applying a reduced sentence for good behavior.,
• The penalties for intentional injury, intentional killing, torture, ill-treatment & threats have been increased if the crime is committed against a woman.

Other works that may be of interest to you;

Izmir Criminal Lawyer

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