TBB Dergisi 2022 İngilizce Özel Sayı

50 Evaluation of Actual Aggregation and Conceptual Aggregation Rules in Terms of the Crime ... have been defined as crimes by the legislator, and thus, a protection was created for the moral aspect of personal freedom, in other words, the moral liberty of the individual.4 In fact, when a comparison is made in terms of the crimes stipulated in the Turkish Criminal Code No. 5237, special criminal laws or other laws containing criminal provisions, it will be noticed that the crime of disturbing individuals’ peace and harmony is a type of crime that is frequently encountered in the ordinary flow of life. In this context, it can be said that the crime referred to is in close connection with the privacy of private life, the honor and dignity of the individual, sexual immunity, inviolability of the domicile, inviolability of workplace, freedom of residence, and freedom of work and contract. The aforementioned connection stems from the fact that acts carried out with the sole aim of disturbing individuals’ peace and harmony often affect other areas that are under legal protection. For example, in the event an individual has to change his job as a result of being persistently tracked on the route to/from the workplace, a relationship will emerge in terms of the peace and harmony of the individual and the freedom of work and contract. Similarly, in the event an individual whose room is spied out from the window of the opposite house every night has to move to another place, a relationship will emerge in terms of the peace and harmony of the individual, the privacy of private life and the freedom of residence. This connection between various legal protection areas clearly reveals that the crime of disturbing individuals’ peace and harmony has a protection with a broad perspective. 5 4 Özlem Yenerer Çakmut, Kişilerin Huzur ve Sükununu Bozma ve Gürültüye Neden Olma Suçları [Crimes of Disturbing Individuals’ Peace and Harmony and Causing Noise], Beta Yayınları, Istanbul 2014, p. 52.; Moreover, considering that the crime referred to was included in the seventh chapter of the second part of the second book of the Law No. 5237, which was titled “Crimes Against Liberty”, there is no doubt that the provision contains a protection for the liberty of the individual. 5 “In this way, criminal law sanctions can be applied against violations that cannot be considered within the scope of any crime, such as psychological violence in the workplace, telephone terrorism or persistent stalking, but that interfere with inner peace of an individual.” (Rezzan İtişgen, “Kişilerin Huzur ve Sükununu Bozma Suçu [Crime of Disturbing Individuals’ Peace and Harmony]”, Bahçeşehir Üniversitesi Hukuk Fakültesi Dergisi, 2014, p. 109)

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