Punishment for the Crime of Stalking (Turkish Penal Code Article 123/A)

Stalking is a distinct type of crime defined for actions that systematically target the victim's privacy and sense of security. The basic penalty comes into play when the perpetrator's persistent physical pursuit or attempts the victim significant distress or concern for their own or their loved one's safety . The penalty applied when this typicality is met varies according to the nature of the offense.

Basic sanctions range

The basic penalty imprisonment from 6 months to 2 years. The judge approaches the lower/upper limit based on criteria such as the severity of the incident (duration and frequency of persistence, choice of day/place/time), the impact on the victim (disruption of daily routine, change of route/number, impact on sleep/work life), the intensity of the perpetrator's intent, and their personal history. As the severity of the consequences and the seriousness of the risk increase, the penalty climbs towards the upper limit.

Aggravating circumstances and increased penalties

The penalty is increased to imprisonment for 1 to 3 years in the following cases : the victim is a child ; the act is committed against a spouse/divorced spouse ; the persistence reaches a severity that forces the victim to change their residence/job/school or to leave their school/job ; or the act continues despite existing protective-preventive measures such as restraining orders/communication bans. These circumstances are legal grounds for increasing the penalty due to the dangerousness and depth of the harm caused.

Possibilities of conversion to a fine, postponement, and suspended sentence

the prison sentences for stalking short , individual protection institutions may come into play.

• Conversion to a fine (Turkish Penal Code Article 50): the imposed prison sentence one year or less, and the specific circumstances permit, it can be converted to an alternative sanction.

• Suspension of sentence (Turkish Penal Code Article 51): the prison sentence 2 years or less , suspension is possible depending on the defendant's personality traits and conduct during the trial.

• Suspension of the Announcement of the Verdict (CMK Article 231): If the imposed sentence is 2 years or less , the suspension of the announcement of the verdict may be considered based on the defendant's lack of a criminal record and the court's positive opinion that the defendant will not commit another crime .

Since the penalty range for aggravated offenses is 1-3 years, the possibility of suspension/conditional release automatically closes when the specific sentence exceeds 2 years . Furthermore, the severity of the act, the violation of protective measures, and the profound impact on the victim may lead courts to approach individual sentencing with caution

Mediation and complaints

Crimes are subject to complaint ; the victim must file a complaint within 6 months of learning of the act and the perpetrator . Furthermore, crimes are subject to mediation ; a mediation procedure is followed during the investigation. Victim safety is paramount in this process; communication is facilitated through a mediator instead of direct contact.

Statute of limitations and continuity effect

The statute of limitations for a lawsuit is generally 8 years . Since persistent stalking usually consists of a series of continuous behaviors, the starting date is determined by considering the last action according to the chain/continuous nature of the behavior ; this may affect the calculation of the statute of limitations.

Security measures and deprivation of rights

In case of conviction, certain rights may be revoked (public office, firearms license, etc.) in accordance with Article 53 of the Turkish Penal Code . Furthermore, independently of the criminal proceedings, protective and preventive measures such as restraining orders, communication bans, prohibitions from approaching the residence/workplace/school, and support for shelter and psychosocial needs can be immediately requested under Law No. 6284. Violation of these measures will both trigger an aggravated offense and result in additional sanctions.

Two short scenarios regarding the practical application

Firstly, if the perpetrator waits outside the victim's residence late every night for a week, calls dozens of times, and bombards them with messages via social media, causing the victim to change their commute and fear being alone at home: the severity of the persistence and the resulting close to the upper limit ; if the victim changes address, an aggravated circumstance may arise, 1-3 years .
Secondly, in the case of a divorced spouse, if the perpetrator continues to wait outside the victim's school despite a court-issued restraining order: the violation of the restraining order and the stalking of the victim through their child, when combined, an aggravated type of sentence; the distance to individual rights increases.

Brief summary: The basic penalty for stalking is 6 months to 2 years imprisonment , and 1 to 3 years imprisonment in aggravated cases . It is subject to complaint, a conciliation procedure is applied, and the statute of limitations is 8 years . If the specific penalty falls to 1 year or less , conversion to a fine is theoretically possible; if it is 2 years or less , suspension/suspension of sentence is possible; however, the intensity of the act, the violation of the precautionary measure, and the severe impact on the victim may narrow these possibilities. From the perspective of the defense and the participating party's legal representation, the determining factors in determining the penalty are the number, duration , and intensity of the stalking, the documented effect of the outcome , and the meticulous presentation of the chronology of the precautionary measure/violation

                                                                                                                          Ada Ceren KENDİGELEN