Criminal law · Legal information

What Can a Person Who Is Subject to Persistent Following Do?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

On a claim of persistent following, the person complains to the police or to the public prosecutor of the continuing contact, and keeps the records in hand as they are. This claim is separated from a single threat message. The application for a single message is in the article on I received a threat message, what should I do. The complaint tells, with the days that are known, the repetition of the contact and that this repetition gave rise to serious unease in the person, or to a concern for the safety of the person or of someone close. The method of the perpetrator, a period, and a sentence year are not in this text.

A single message, and continuing contact

A heavy word that came once stays under the heading of threat. A claim of persistent following is read from an account that the contact continued on more than one day. The Act looks at this continuing creating serious unease in the person, or giving rise to a fear that the safety of the person, or of one of the people close to the person, is under threat. A single sentence whose date is not written is not completed as persistence. In the complaint, each contact stands with its own day. If the day is not certain, it is said approximately. An hour is not invented.

The contact can be a call that came to you, a message, or an encounter you saw in a place where you were. The complaint writes how this reaching came to you. How the other side arranged it is not told. The account is what you saw, and the record that is standing in your hands. Messages that came one after another within the same day are counted inside a single day. If they spread to other days, each day is a separate line. Joining two days on a single line makes it harder for the repetition to appear.

If an advantage was asked for, the subject can shift to the heading of blackmail. How that complaint is built is in the article on what a person subject to blackmail should do. The thing that was asked for is not made a subject of bargaining here. If there is no sentence of an advantage, the event is read according to the distinction between the threat article and this article. If the same message has both a heavy word and continuing contact, the minute writes the two facts in two sentences. The two are not melted under a single heading.

Which fact is written in the complaint minute

The application is made to the police or to the public prosecutor. The oral account is passed into the minute. The minute is read before it is signed. A word that is not in the minute is not treated as said. The paper carries the fact the person knows. The day of the contact, the place, and by which route it reached the person are written. If the person is known, the name is written. If the person is not known, the known number, account, or vehicle is written. An unknown identity does not close the complaint of its own accord. Completing the identity by your own research is not a step of this application. Entering someone else’s account is not gathering evidence.

The person tells the contact that was lived, in order of date. This order is not a description of an arrangement for the other side. The person does not build a scheme of watching, and does not tell of building one. The person does not propose the encounter. Arranging a meeting does not strengthen the record. If there is a workplace or a school, and there is a writing kept at that place and given to you, the writing is added. What other people will say is not memorised for them. If someone saw it, the name and what was seen are written.

Whether the act depends on a complaint changes according to the character of the offence. This page does not set a period. The complaint is still taken on the record. The record becomes material for the prosecutor’s characterisation. The characterisation does not have to stay tied to the heading you put. The frame of the rights in the file is in the article on how the rights of an injured person are used. The later course of the investigation is in the article on how a prosecutor’s investigation works. If you are called for a statement, you tell what you know. You do not complete a day you do not remember as a certain date.

Why the record that arrived stands

The message and the call log that are in hand stand without being deleted. Deleting does not have contact that happened treated as not having happened. There is no promise that a deleted record will come back either. The record is put in the annex of the complaint as it is. An explanation, an arrow, or a new sentence is not written on it. The explanation is in a separate paragraph of the petition. If the original record is not in hand, what is in hand, and where it was taken from, is stated separately. A screen image does not pass of its own accord into the place of the original log.

The screen arrangement of a single message is in the threat article. What is to be kept here is the order of the contacts. If the order has scattered, the minute is content with the day that is remembered. The day that is remembered is not written as a certain hour. Starting a new exchange, proposing a meeting, or entering someone else’s account is not this step. Writing a reply to the other side is not a procedure that completes the record. If a reply was written, the text that was written also stands without being changed. A sentence is not added later inside the reply.

If there is a new contact after the complaint, the day of that contact, and the route by which it reached you, is added to the old investigation number. If the number has not yet been formed, the day and the authority of the first application are written. You do not call the new contact yourself so that evidence will accumulate. The additional paper is the record of the new day, not a repeat account of the old event.

The safety step stands apart from the complaint

If you feel danger, 112 or the nearest police are called. This call is not following the perpetrator. A meeting is not arranged alone. The subject is not closed by meeting and talking in a shared place. Your safety does not depend on your opening a new contact with the other side. Telling a person you trust where you are does not take the place of the complaint. The complaint is taken on the record separately. The minute of the call to the police is kept as well. If there is no minute, which day you called is written. If the hour is not certain, it is said approximately.

A change of home, workplace, or school is not described step by step on this page. Concrete danger is the work of the police. The complaint paper is not a shield that protects you that day. If there is a need for protection, this need is said separately. The need that is said does not determine the result of the criminal case in advance. There is no promise of a result.

A protective measure is not a copy of the criminal complaint

Inside a close relationship, a protective measure can come onto the agenda separately. The measure can be a separate application within the scope of domestic violence. Its condition and its period are not written into this text as a number. The measure paper does not take the place of the criminal complaint. The two are kept apart. If there is a measure decision, a copy of the decision is kept. If the file number of the measure is known, that number is written in the criminal complaint. If there is no number, which authority the measure was asked from is written. Refusal of the measure does not drop the criminal complaint of its own accord. Acceptance of the measure does not mean a conviction in the criminal case either.

The heading of insult or threat in the criminal complaint is not copied and pasted onto the measure petition. Each paper carries its own fact. Continuing contact stands day by day in the criminal complaint. In the measure application, the fact you know is written as well. A list that describes the other side’s method is not built. The two authorities are not treated as having given each other’s decision from this page.

The number of the first minute ties the later day

Identity, and the record that came to you and that you did not delete, stand beside you. If there are many records, the day of each stands on a separate list, without being entered on the record. The list is not an arrangement for the other side. It is the day you kept. A day that is not on the list is not written as a certain date. If the workplace or the school gave you a writing, the writing is added. If it did not give one, it is stated that it did not. Obtaining a record that was not given is not part of the complaint. If someone saw it, the name and what was seen are written. A sentence to be used in the minute is not prepared for that person.

The investigation number may not come out at once in the first minute. When it comes out, the number is kept. A later contact is not told from the start as a new event. The new day is added to the old number. If there is no number, the first authority and the first day are written. If two separate numbers were formed, both stand in the petition. One is not erased in place of the other. The prosecutor’s office can join the records. Joining does not require you to melt the two numbers in a single sentence. If someone close also saw a contact, that person can tell what they saw in their own name. Your complaint does not erase the will of the person close to you. What that person will say is not memorised for them.

Conclusion

On a claim of persistent following, the route is the complaint of the continuing contact and the keeping of the record in hand. Each contact is written with its own day. A single threat message is a separate article. If there is a condition of an advantage, the blackmail heading stands apart. A protective measure is not a copy of the criminal paper. The frame is on the criminal law page. For the concrete record, the contact door is open. The basis is the Turkish Penal Code No. 5237 and, for the procedure of the complaint, the text of the Code of Criminal Procedure No. 5271.

Legislation

Frequently asked questions

Is a single threat message a complaint of persistent following?

No. The record and the application for a single message are in the article on a threat message. A claim of persistent following rests on an account that the contact continued, and that this continuing gave rise to serious unease in the person, or to a concern for safety. A single exchange on the same day does not join the two headings of its own accord.

Is the complaint taken on the record if I do not know the other side’s identity?

The number, the account, or the place you know is written. An unknown identity does not close the complaint of its own accord. Completing the identity by your own search is not part of this application. A missing identity does not prevent the fact you know from passing into the minute.

What happens if I delete the calls and messages that arrived?

Deleting does not have contact that happened treated as not having happened. It does not bring back the record that was in hand either. A record that is standing is put in the annex of the complaint without writing being added on it. Starting a new exchange is not completing the record.

Does a protective measure take the place of a criminal complaint?

It does not. In a close relationship, a protective measure can be a separate paper. The condition and the period are not written into this text as a number. The measure paper does not carry the number of the criminal complaint of its own accord. If there is danger, 112 or the nearest police are called.

What should I do if there is a new contact after the complaint?

The day of the new contact, and by which route it reached you, is added to the old investigation number. If there is no number, the day of the first complaint is written. You do not arrange the encounter yourself. The new contact is not called so that it will be evidence.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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