Suspension of Punishment or Conversion to a Fine for the Crime of Persistent Stalking (Turkish Penal Code Article 123/A – Articles 50 – Articles 51)

Persistent stalking (Turkish Penal Code Article 123/A) carries a basic sentence of 6 months to 2 years imprisonment , and in aggravated cases, a sentence of 1 to 3 years imprisonment . Where you fall within this range is decisive in terms of converting the sentence to a fine (Turkish Penal Code Article 50) and suspending the sentence (Turkish Penal Code Article 51).

1) Conversion to a judicial fine (Turkish Penal Code Article 50) – “1 year” threshold

• Rule: In cases of intentionally committed crimes, if the prison sentence is one year or less , the judge may convert it to a judicial fine (or other alternative sanctions specified in the law) .

• Basic type (6 months–2 years): your sentence to 1 year or less (e.g., starting from the lower limit, discretionary reduction under Article 62 of the Turkish Penal Code, reduction for unjust provocation/attempted punishment if conditions are met), conversion to a fine becomes an option.

• Qualified type (1–3 years): To make conversion possible, the resulting sentence below 1 year . In qualified cases, this threshold is practically difficult to reach, but not impossible (e.g., strong chain of reductions, limited persistence, low resulting weight).

• How is it calculated? The fine is determined based on the number of days and the corresponding amount ; the daily amount is assessed according to the individual's personal and economic circumstances

• When is it not granted? Imprisonment exceeding one year cannot be converted. Furthermore, the severity of the offense (violation of protective measures, fundamental change in the victim's life) makes courts cautious .

Defense tip: The intensity of the "persistence" and the severity of the consequences (serious distress/security concerns) push the sentence to the upper limit. the duration, frequency, and intensity are low, and there is remorse and early cessation, a reduction to the 1-year range may be possible.

2) Suspension of sentence (Turkish Penal Code Article 51) – “2 years” threshold

• Rule: If the prison sentence is 2 years or less , a suspended sentence may be granted if the defendant's record, demeanor in court, and a positive impression that they will not commit further crimes are considered.

• Basic type: 6 months–2 years range, naturally falls within the deferment area.

• Qualified type: For cases with a sentence range of 1-3 years, postponement is not possible if the sentence exceeds 2 years ; postponement is technically possible for qualified cases with sentences of 2 years or less .

• Probation period and obligations: If a postponement is granted probation conditions (not approaching the victim, participation in programs, etc.) may be imposed; there is a risk of the postponement being revoked .

Defense tip: The key to securing a suspended sentence is demonstrating concrete evidence to convince the judge that the offender is "non-reoffending" : complete cessation of persistent behavior, full compliance with measures under Law No. 6284 , participation in psychosocial support/therapy, and documented behavioral change such as restrictions on social media and communication .

3) Don't confuse it with HAGB (short note)

Although this topic is about suspension/fine, in practice they are discussed together: A suspended sentence (Article 231 of the Turkish Criminal Procedure Code) also of two years or less ; a clean criminal record and a positive opinion are required. In a suspended sentence, the pronouncement of the judgment is postponed; in a postponement, the judgment is pronounced but the execution is postponed.

4) The effect of aggravating circumstances (Turkish Penal Code Article 123/A-2)

• against the child/spouse – divorced spouse,

• Despite the breach of the restraining order (restraining order/communication ban),

• In cases where the incident causes the victim to change jobs, schools, or residences, or to drop out of work or school, the sentence increases to 1-3 years . In these cases, courts may tend to exceed 2 years on grounds of general prevention and victim safety ; this narrows the possibilities of postponement/suspension/reversal
  

5) The conciliation-complaint-statute of limitations trio (affects the final outcome)

• The crime is subject to complaint: the victim 6 months of learning of the act and the perpetrator .

• The crime is subject to mediation: mediation is conducted during the investigation; if mediation is achieved, no charges are filed.

• The statute of limitations for prosecution is generally 8 years.
  (These do not directly determine whether the sentence will be suspended or commuted; however, they are procedural aspects that affect the fate of the case.)

• Converting the fine to a monetary penalty: this result in imprisonment of ≤ 1 year ? If yes, Article 50 of the Turkish Penal Code comes into play.

• Suspension of sentence: the outcome imprisonment ≤ 2 years ? If yes, Article 51 of the Turkish Penal Code is possible; a positive opinion is required.

• Are there any aggravating circumstances? If so, the sentence is in the 1-3 year range; data suitable for a reduction in sentence is needed to lower the thresholds

• Has behavioral change been documented? (cessation of insistence, compliance with restraint, therapy/rehabilitation, apology to the victim, measures to permanently sever communication).

• Evidence architecture: Has the number, duration, and intensity of persistence been reduced, resulting in a milder outcome?

1. Basic type – low intensity: Persistent messaging/calls every few days; the victim is worried, the defendant cuts off all communication early, and there are documents showing remorse and compliance → the 9-12 month range is possible; of conversion to a fine under Article 50 of the Turkish Penal Code or a suspended sentence under Article 51 .

2. Aggravated type – breach of restraining order: Waiting and intensive searching in front of the residence despite a restraining order; victim quits their job → sentence of over 2 years may be imposed; not open to interpretation, probation/suspension of sentence is weak.

Conclusion

• The thresholds of 1 year for conversion to a fine and 2 years for postponement are critical.

• Reaching these thresholds is possible by reducing the intensity of the insistence , limiting the severity of the consequences , and presenting concrete indicators of reform

• Aggravating circumstances and breaches of restraining orderscourts cautious .

• In the defense, the goal is to reduce the penalty below the threshold and a positive opinion with evidence; in the participating lawyer's case, the goal the danger-continuity-consequence triad and exclude.

                                                                                                                                             Ada Ceren KENDİGELEN