Has Your Neighbor Complained That You Are 'Disturbing Their Peace'? TCK 123 and Children's Noise

One of the most common problems of apartment living is noise complaints between neighbors. In some cases, however, these complaints go beyond an ordinary quarrel and turn into a criminal investigation under Article 123 of the Turkish Penal Code (TCK), the offense of "disturbing the peace and tranquility of persons".

In such complaints, which families with children encounter particularly often, the answer to the question "my child is just playing — is that a crime?" has been set out quite clearly in the settled case law of the Yargıtay (Court of Cassation). In this article, we examine the elements of TCK 123 and how the courts approach complaints of this kind.

Summary of the Situation

A person files a complaint against their neighbor for the offense of "disturbing the peace and tranquility". The event underlying the complaint is usually everyday household noise, such as the running, shouting or playing sounds of children living in the neighboring apartment. The complainant claims that these sounds recur at certain intervals, and in some cases an expert examination is requested and sound recordings are submitted to the file.

The real question to be examined in such an investigation is whether the natural playing sounds of children can be regarded as an act carried out "persistently, with the sole intent of disturbing the peace" as the law requires.

The Legal Issue

TCK Article 123 provides: "If, with the sole intent of disturbing a person's peace and tranquility, that person is persistently telephoned, subjected to noise, or subjected to any other unlawful conduct with the same intent, the perpetrator shall, upon the victim's complaint, be sentenced to imprisonment from three months to one year."

Based on this definition, three elements must exist together for the offense to be established:

1. General and complementary character: The act must not be separately defined as an offense elsewhere in the law.
2. Persistence and continuity (the material element): It is not enough for the noise or similar conduct to occur once; it must be "persistently repeated" and display continuity.
3. Specific intent (the mental element): The perpetrator must have acted with the direct purpose of disturbing the victim, pursuing no other aim. This is the most distinctive element of the offense and the hardest to prove.

Where children's playing sounds are concerned, whether the "specific intent" and "persistence" criteria in particular are satisfied becomes decisive.

What Does the Yargıtay Say?

The Yargıtay's case law on the subject largely places ordinary domestic living noise under protection:

• The Yargıtay 12th Criminal Chamber (E. 2023/958, K. 2023/4258, T. 2023) stated that TCK 123 is "an offense of a general and complementary character" and that the legal interest protected is the healthy maintenance of a person's psychological and mental peace.
• The General Assembly of Criminal Chambers (E. 2014/821, K. 2018/45, T. 2018) ruled that the "persistence" requirement is mandatory; a single occurrence of the conduct is not sufficient for the material element to be established.
• The Yargıtay 12th Criminal Chamber (E. 2023/1631, K. 2023/4628, T. 2023) held that there must be definite and convincing evidence, beyond all doubt, that the perpetrator carried out the act "with the sole intent of disturbing the victim"; otherwise, the principle that "doubt benefits the accused" (in dubio pro reo) applies. It was further emphasized that if the perpetrator's conduct stems from another dispute (for example, tension arising from a tenancy or neighbor-law issue), specific intent cannot be said to exist.
• In one of the most striking precedents, a decision of the Yargıtay 12th Criminal Chamber (E. 2023/1444, K. 2023/4692, T. 2023) expressly ruled that "in an act consisting merely of children making noise, the elements of the charged offense are not present."
• Another decision of the same Chamber (E. 2023/1612, K. 2023/4622, T. 2023) stated that sounds reaching the floor below due to the physical conditions of buildings and inadequate sound insulation are to be assessed as "noise that can be considered normal in the course of everyday domestic activities" and accepted as consistent with the ordinary flow of life.
• The Yargıtay 9th Criminal Chamber (E. 2011/12412, K. 2012/12140, T. 2012) stated that the phrase "with the sole intent of disturbing the peace and tranquility" in the statutory text requires the perpetrator to target the victim's psychological peace directly, pursuing no other aim.

Points to Watch

Practically important points for parties facing such a complaint:

• The source of the noise matters. Where the noise stems from the natural movements of children (running, playing, shouting), this largely eliminates the "specific intent" that forms the mental element of the offense.
• An expert report alone is not sufficient. The fact that a sound recording technically establishes the presence of noise does not automatically answer the question of whether that noise constitutes legal "persistence" within the meaning of TCK 123; it must be assessed together with the continuity of the acts and the perpetrator's attitude.
• Hostility between the parties is taken into account. A pre-existing hostility or dispute between the complainant and the person complained about is considered when assessing whether the act was carried out with the "sole" purpose of disturbing the peace or as part of ordinary life.
• It is an offense subject to complaint. TCK 123 is among the offenses prosecuted upon complaint; if no complaint is filed within the time limit, no investigation is conducted.

Conclusion: What Should You Do?

If you are facing a complaint under TCK 123 because of your child's everyday playing sounds, there is no need to panic; the Yargıtay's case law is largely in your favor. Still, to manage the process soundly:

1. In your defense, emphasize that the noise stemmed from children's natural life activities and that you had no specific intent.
2. If applicable, request a technical assessment of the building's inadequate sound insulation (an expert report, building management correspondence).
3. If there is a pre-existing hostility or another dispute between the parties, reflect it in the file in concrete terms.
4. At the statement and defense stages, set out in legal terms that the elements of "persistence" and "continuity" were not fulfilled in the specific case.

Preparing the defense correctly and on time is of great importance in criminal investigations. For this reason, we recommend obtaining support from a criminal defense lawyer when you face such a complaint.