The offense of breaking the tranquillity and the composure in the Turkish Criminal Law

The offense of disturbing the composure and tranquility of people is one of the definitions of the offense that guarantees the spiritual existence of people and their lives in peace and quiet. Therefore, with this definition of offense, both the moral assets of individuals are protected and benefit is provided in the establishment of social order. This definition of offense, regulated in Article 123 of the Turkish Penal Code, is committed with optional actions. Telephony, making noise, or committing other illegal acts for the same purpose constitute the optional actions of the offense in question. The expressions of committing another unlawful act are against the principle of legality and certainty in offense and punishment. In other words, when making a definition of a offense, it should not be open to interpretation and the elements of the offense should be clear and clear. In this way, the fundamental rights and freedoms of the people are guaranteed. The aim of the study is to evaluate the definition of the offense in terms of criminal law and to offer solutions to the issues that are subject to criticism in theory and practice. While doing this, the thoughts in the doctrine and high court decisions are included.