63 Union of Turkish Bar Associations Review 2022 Bahar TOPSAKAL “As can be seen, there are different provisions in our law regarding noise, that are subjected to different conditions. In this case, it is necessary to determine the areas they cover in order to evaluate all the regulations regarding noise together and to determine the sanction to be applied. 1- ) If the source of environmental noise is “transportation vehicles, building sites, plants, workshops, workplaces, recreation locations, service buildings, dwellings” as explained in Article 14 of Law No. 2872, the penalties stated in each paragraph must be imposed in the conditions stated in the same paragraphs; A-) If the noise is capable of harming the health of another person, the penalty specified for the crime defined in Article 183 of the TCC must be imposed based on the provision of Article 14 of Law no. 2872, b-) Even if the noise is made only for the purpose of disturbing the peace and harmony, if it is capable of harming the health of another person, the penalty of the crime with the heaviest penalty between the crimes defined in Articles 123 and 183 of the TCC must be imposed, based on Article 14 of Law no. 2872 and Article 44 of the TCC, c-) If the noise is not made by the perpetrator for the sole purpose of disturbing peace and harmony, is not capable of harming the health of another person but can disturb peace and harmony of the victim, the administrative fine specified for misdemeanor defined in Article 14, 20/h of Law No. 2872 must be imposed, 2- ) Regardless of its source, if the environmental noise is made only for the purpose of disturbing peace and harmony and is not capable of harming the health of another person, the penalty for the crime in Article 123 of the TCC must be imposed, 3-) If the source of environmental noise is any other place than “transportation vehicles, building sites, plants, workshops, workplaces, recreation locations, service buildings, dwellings” specified in Article 14 of Law No. 2872, or is not made with the sole purpose of disturbing peace and harmony or is not capable of harming the health of another person, the penalty specified for misdemeanor defined in Article 36 of the Misdemeanor Law No. 5326 must be imposed, www.kazanci.com
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