What is stalking?

What is stalking?

The crime of stalking is regulated under Article 123/A of the Turkish Penal Code. This type of crime was added to our penal code on 12.05.2022. For this reason, we can call it a quite recent update. The crime of stalking is a type of offense that involves causing a person to experience serious distress or causing them to fear for their own safety or the safety of their relatives by persistently following them physically or by attempting to make contact using means of communication, information systems, or third parties.

Is it a crime for someone we do not want to send us flowers or chocolates? What is the penalty?

The situation of an unwanted person sending us flowers, chocolates, or any other gift and making this a continuous act constitutes a crime. The penalty is the penalty for the crime of stalking.

Is it a crime to send anonymous flowers?

The act of sending flowers without a name or a note, if it becomes persistent and the person receiving the flowers is unhappy with this situation, is also a crime.

Is it a crime to "stalk" on social media? For example, if the same unknown person constantly watches our Instagram stories and we notice this, can we file a complaint?

Of course, viewing the posts or stories of people with public profiles on social media is not a crime. However, if this situation becomes persistent and is intended to disturb the owner of the post, it may constitute a crime.

Is it a crime for an ex-partner to come to the house or workplace without notice or invitation?

Your ex-partner, ex-spouse, or someone you are currently not happy to see coming to your home or workplace without notifying you and trying to enter by force constitutes the crime of violation of domestic immunity. However, if the person only comes in front of your home or workplace with the intention of disturbing you, this also constitutes the crime of stalking.

Is it a crime for an ex-partner to spread rumors in a public place or on the internet?

Assuming the nature of the rumors spread contains threats and insults, in this case, the ex-partner becomes the perpetrator of the crimes of threat and insult.

What path should we follow when we experience these grievances?

First, you can request a protection and restraining order from the family court. Afterwards, I recommend that you immediately go to the prosecutor's office and file a criminal complaint accompanied by a lawyer specializing in the field.

What is the penalty for the crime of stalking?

The perpetrator who commits this crime is sentenced to imprisonment from 6 months to 2 years. The aggravated circumstances of the crime that require a heavier penalty are cases where it is committed against a child, or against an ex-spouse or a spouse who has decided to separate; cases where it causes the victim to change their school, workplace, or residence, or to quit their school or job; and cases where it is committed by a perpetrator against whom a restraining order or a measure not to approach the residence, school, or workplace has been decided. In these cases, the perpetrator is sentenced to imprisonment from 1 year to 3 years.

Is stalking subject to settlement?

The crime of stalking is not among the crimes that require the application of a settlement procedure between the parties. The investigation and prosecution of the crime are subject to a complaint. That is, a lawsuit is not filed ex officio against the perpetrator without the victim's complaint.

Finally, if you are a victim of the crime of stalking, please do not be afraid to request a protection and restraining order from the family court, and then immediately go to the prosecutor's office to file a criminal complaint with a lawyer specializing in the field. With the increase in technology use, the rate of committing the crime of stalking has increased significantly; therefore, I always see the benefit in knowing our rights and protecting ourselves.