20+ years of criminal law experience
more than 2000 criminal cases.
more than 2000 criminal cases.
Despite this, few people have accurate information about this crime. Perhaps this is why in certain life situations, almost anyone can easily become a perpetrator or victim of harassment.
If you are affected, you need to know what constitutes harassment in criminal law.
You need to know what to do, what not to do, whom to turn to for help, and what is required to initiate criminal proceedings. It's also good to know the legal consequences of the criminal proceedings, what evidence is necessary to prove the crime, and how to request a restraining order.
Penal Code 222. § (1): Anyone who, with the intention of intimidating another person or arbitrarily interfering with their private life or daily lifestyle, regularly or persistently disturbs them, if no more serious crime is realized, is guilty of a misdemeanor and can be punished with up to one year imprisonment.
(2):Anyone who, with the intention of causing fear,
is guilty of a misdemeanor and can be punished with up to two years imprisonment.
(3): If the harassment is committed against
the punishment is up to two years in the case defined in (1), and up to three years in the case defined in (2).
In everyday terms, harassment refers to any disturbing, intrusive, persecuting, or nagging behavior.
Understanding harassment in its everyday sense is helped by considering its synonyms: disturb, bother, intrude, disrupt, badger, harass, persecute, assault, not leaving alone, nag, pester, torment...
However, the criminal justice system does not regulate everyday harassing behaviors.
You can learn below what behaviors the Penal Code declares to be crimes.
You will learn the factual definition of harassment described in the Penal Code, as well as the typical perpetrator behaviors, the basic cases, and the aggravated cases.
Anyone who, with the intention of intimidating another person or arbitrarily interfering with their private life or daily lifestyle, regularly or persistently disturbs another person, if no more serious crime is realized, commits the misdemeanor of harassment.
The legal definition aims to ensure the tranquility of private life and the inviolability of the private sphere.
The most typical and most frequently realized behavior that qualifies as harassment in criminal law is the basic case. For this reason, the perpetrator can be punished with up to one year imprisonment.
The criminalization of these behaviors is also explained by the desire of the legislator to prevent disturbing behavior from escalating to physical violence or the commission of other crimes. The basic case is punishable only if no more serious crime is realized.
The perpetrator must disturb the victim to fulfill the factual definition.
Disturbance includes any behavior that has a negative psychological impact on the victim, causing unrest or being suitable for doing so. The disturbance must be regular or persistent to fulfill the factual definition.
The requirements of regularity and persistence are examined by the authorities in every case. The behavior must be repeatedly recurring or of a permanent active nature.
It is also a necessary element of the factual definition that the perpetrator commits the harassing behavior with the intention of intimidating the victim or interfering with their private life or daily lifestyle. Harassment, however, does not contain a result.
It is not necessary for the victim to actually feel fear, for their private life or daily lifestyle to change. For the factual definition to be fulfilled, it is sufficient if the perpetrator's behavior is suitable for doing so.
If a more serious crime is realized, only the more serious crime is established.
Behaviors that qualify as aggravated cases of harassment are more severely punishable, with up to two or three years imprisonment. Harassment can also be committed by severely threatening the victim or their relative.
If a dispute escalates, and during it, one party says to the other, "I will kill you," or "I will kill your daughter" with the intention of causing fear, they must answer for the aggravated case of harassment – Penal Code 222. § (2) a).
If the perpetrator seriously threatens another person with public disclosure of a fact suitable for damaging their honor or that of their relative, they will be liable not for harassment but for the violation of a threatening offense.
The perpetrator is also liable for the aggravated case of harassment if they create the impression that an event endangering the life, physical safety, or health of another person will occur – Penal Code 222. § (2) b). This form of commission can be realized even by sending a letter containing talcum powder to the victim, making them believe they received poison.
The crime is further differentiated based on the relationship between the perpetrator and the victim. Harassment is considered more severe if the perpetrator commits the crime against their current or former spouse or partner, or against a person under their upbringing, supervision, care, or medical treatment – Penal Code 222. § (3) a), b).
It is also an aggravating circumstance if the perpetrator commits the act by abusing a position of power or influence – Penal Code 222. § (3) c).
Harassing behavior generally does not go without consequences. It affects both the victim and the perpetrator. Depending on whether a crime is realized, whether criminal proceedings are initiated, one can expect criminal consequences as well.
If the victim files a valid private complaint and it can be supported by evidence (victim's testimony, audio recordings, data extracted from the phone, emails, data found on the internet...), criminal proceedings are initiated. If the suspicion is directed at a specific person, they will likely eventually be suspected by the authorities of committing the crime, and criminal proceedings will be conducted against them.
If it is proven by the end of the criminal proceedings that the accused committed the alleged crime, they will be found guilty, and the court will impose a punishment or measure against them. The court determines the extent of the punishment considering all circumstances of the case.
Harassment has consequences on the victim's daily life. Such behavior violates the victim's broadest sense of privacy and human dignity. The perpetrator evokes feelings of humiliation and shame in the victim.
The harassing behavior disrupts the victim's daily life, keeping them in fear, uncertainty, and anxiety. The disturbance can undermine the victim's self-confidence, reduce their performance, and in extreme cases, even cause behavioral disorders.
Harassment is a punishable offense that is strictly sanctioned by law because it significantly violates human dignity and threatens the peaceful enjoyment of private life.
Repetitive, psychologically burdensome behaviors—such as persistent harassing phone calls, disturbing emails or messages, or stalking—carry serious legal consequences.
Aggravated cases—such as when the victim is a child, a former spouse, or a public official—are judged even more strictly and carry higher penalties for the offender.
This article is for informational purposes only and does not constitute personalized legal advice.
Every case is unique, so always consult a legal professional with your specific legal questions.
