This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Israrlı Takip ve Cinsel Taciz: Yeni Suç ve Koruma Yolları.
Article 123/A of the Criminal Code makes persistently following someone, trying to contact them or harassing them a separate offence. But the fastest protection is not a criminal investigation: it is a protection order under Law no. 6284, for which no evidence is required and which can be granted the same day.
Constant calls, being followed, being harassed by messages. Conduct that was for a long time said to be “not an offence” became a separate offence in 2022.
This article covers the offence of stalking, sexual harassment, and the fastest route to protection: the measures under Law no. 6284.
What Is the Offence of Stalking?
Article 123/A, added to the Criminal Code by Law no. 7406 in 2022, makes stalking a separate offence.
It punishes a person who, persistently, by following someone physically or by trying to make contact through means of communication, information systems or third parties, causes that person serious disquiet or makes them fear for their own safety or that of a relative.
For the offence to arise:
- the conduct must be persistent — continuing and repeated
- it must cause serious disquiet or fear for safety
A single call or message does not, as a rule, constitute the offence.
Aggravated forms: the sentence increases where the offence is committed against a child or against a separated or former spouse; where it causes the victim to change school, workplace or home, or to leave school or work; or where it is committed by a person subject to a restraining order or an order not to approach the victim's home, school or workplace.
The offence is prosecuted upon complaint; in the aggravated forms it is prosecuted of the authorities' own motion.
Sexual Harassment
Article 105: a person who harasses another for a sexual purpose is punished on the victim's complaint.
The sentence is increased where the offence is committed:
- by exploiting the opportunity afforded by a public duty, an employment relationship or a family relationship
- by a guardian, teacher, trainer, carer, foster parent or health worker, or by someone under a duty of protection, care or supervision
- by exploiting the opportunity afforded by working at the same workplace
- by exploiting the opportunity afforded by postal or electronic communication
- by indecent exposure
Where the victim has had to leave their job, their school or their family because of the offence, the sentence may not be below the lower limit.
Sexual harassment covers conduct with a sexual purpose that does not involve physical contact. Where there is physical contact, the offences of sexual assault (Article 102) or sexual abuse of children (Article 103) arise, and they carry far heavier sentences.
The Fastest Route to Protection
A criminal investigation takes time. By contrast, Law no. 6284 on the Protection of the Family and the Prevention of Violence against Women provides protection very quickly.
Where to apply: to the police, the chief public prosecutor's office, the civil administrative authority or the family court. A third party who witnesses violence may also report it.
No evidence is required: Article 8/3 is explicit — no evidence or document that violence has occurred is required for a protection order to be made. A statement suffices.
This is the fastest protective mechanism in Turkish law, and in urgent cases an order can also be made by a senior police officer or the civil administrative authority.
The measures available (Article 5): refraining from words and conduct involving threats of violence, insult, humiliation or degradation; removal from the shared home; not approaching the protected person, their home, school or workplace; not harassing them through means of communication or otherwise; surrendering weapons to the police; not using alcohol or narcotics.
An order is made for at most six months in the first instance, and can be continued, varied or lifted on application.
| Route | What it provides | Time / note |
|---|---|---|
| Protection order under Law no. 6284 | Non-approach, no contact, removal from the home | Same-day decision; no evidence required |
| Complaint of stalking | A criminal investigation | Prosecuted upon complaint |
| Complaint of sexual harassment | A criminal investigation | Prosecuted upon complaint |
| Breach of a protection order | Coercive detention | Applied for each breach |
| Civil claim | Damages for infringement of personality rights | Independent of the criminal case |
Because a protection order requires no evidence, it should be applied for first — a criminal complaint can follow.
Gathering Evidence
Persistence is what has to be proved, so a record over time matters more than any single item:
- keep a dated log of calls and messages, and do not delete the originals
- ask for telephone traffic records to be obtained before the operator's retention period expires
- request camera footage from the workplace, the building or the street at once
- note the witnesses who saw the following or the approaches
- keep every protection order and every police record — they establish the pattern
Under Article 8/3 of Law no. 6284 no evidence is required for a protection order, and it can be granted the same day — by the police or the civil administrative authority in urgent cases. Breaching an order carries coercive detention, so it gives real protection while the criminal case runs.
Frequently Asked Questions
Is stalking a criminal offence in Turkey?
Yes, since 2022 under Article 123/A. The conduct must be persistent and must cause serious disquiet or fear for safety; a single call or message is not enough.
Is it prosecuted only on complaint?
The basic form is. The aggravated forms — against a child or a former spouse, causing the victim to move or leave work, or committed in breach of a restraining order — are prosecuted of the authorities' own motion.
What is the fastest way to get protection?
A protection order under Law no. 6284. No evidence is required, it can be granted the same day, and in urgent cases the police or the civil administrative authority can make it.
What can a protection order include?
Refraining from threats and insults, removal from the shared home, not approaching the protected person or their home, school or workplace, not making contact, surrendering weapons, and abstaining from alcohol or narcotics.
What happens if the order is breached?
Coercive detention is applied for each breach, and breaching an order is also an aggravating circumstance in the stalking offence.