The protection of public order and the ability of individuals to live in peace is closely related not only to ensuring physical security but also to controlling environmental factors. Among these environmental factors, exposure to high noise levels, especially in residential areas, is particularly significant. Neglecting obligations in this regard can violate people’s rights to work and rest and cause physical and psychological harm. Article 183 of the Turkish Penal Code defines this situation as the “crime of causing noise” and provides for criminal sanctions under certain conditions. In this article, we will discuss the scope, elements, conditions, and legal consequences of the crime of causing noise.
LEGAL DEFINITION OF THE CRIME
The crime of causing noise is regulated under Article 183 of the Turkish Penal Code, titled “Crimes Against the Environment.” This provision is intended to protect the environment and ensure individuals’ right to a healthy life. The relevant article states:
TPC Article 183 – (1): A person who causes noise in a manner likely to harm another person’s health, contrary to the obligations set forth in the relevant laws, shall be punished with imprisonment from two months to two years or a judicial fine.
In other words, causing noise in a way that may harm others’ health, contrary to the legally prescribed obligations, is defined as a criminal offense.
ELEMENTS OF THE CRIME
When evaluated together with its objective and subjective elements, the crime of causing noise has the following fundamental components:
1.Mental Element: This crime can only be committed intentionally; it cannot occur through negligence. Under TPC Article 183, it is sufficient for the perpetrator to cause noise in violation of the legal obligations in a manner that may harm the health of others. It is not required that the victim’s health is actually harmed; the possibility of harm is sufficient for the crime to be established.
2.Perpetrator: This crime, regulated under Article 183 of the Turkish Penal Code (TPC), is a general offense that can be committed by anyone.
3.Victim: The victim of the crime is anyone whose health may be adversely affected by the noise. However, it should be noted that the crime of causing noise is not directed at a specific individual but is committed against the general peace of society and public order. If such actions are directed at a specific person, the applicable offense is not causing noise but rather “disturbing the peace and tranquility of individuals,” regulated under Article 123 of the TPC.
4.Act (Action Element): The action element of this crime consists of causing noise in violation of the rules set forth in the law. The perpetrator’s act constitutes the action element when it endangers the health of those nearby and produces sound unlawfully. For the crime to be established, the noise must be at a level that endangers human health. Therefore, in each concrete case, the noise level must be scientifically assessed to determine whether it is likely to harm human health. Accordingly, the file should be referred to a board including an audiology expert to obtain a report on whether the noise is likely to harm human health.
5.Protected Legal Interest: The crime of causing noise is regulated under the title “Crimes Against the Environment,” and the legal interest it protects is public order, the health of individuals, and their quality of life.
COMPLAINT PERIOD, STATUTE OF LIMITATIONS, AND COMPETENT COURT
The crime of causing noise is not subject to a complaint and is investigated ex officio by the public prosecutor. Although there is no complaint period required for the investigation of the crime, the statute of limitations for the case is eight years. This period begins from the date the offense was committed. The competent court for such cases is the Criminal Court of First Instance.
POSTPONEMENT OF SENTENCE AND SUSPENSION
According to Article 183 of the Turkish Penal Code (TPC), a person who causes noise in a manner likely to harm another person’s health, contrary to the obligations set forth in the relevant laws, shall be punished with imprisonment from two months to two years or a judicial fine.
For this type of offense, both a judicial fine and imprisonment are provided as alternative penalties. Therefore, it is not possible to apply both penalties simultaneously. Considering the minimum and maximum limits of the punishment, it is possible to issue a decision to postpone the announcement of the sentence or to suspend the execution of the sentence.
RELATED CASE DECISIONS
“…The crime of causing noise does not have a specific victim. Anyone living in the community can be a victim of this offense. The fact that the noise is directed at no particular person distinguishes this crime from the offense of disturbing the peace of individuals, as regulated under Article 123 of Law No. 5237. While the perpetrator of disturbing the peace targets a specific person, the perpetrator of causing noise does not target anyone in particular.
For this crime to occur, it is sufficient that the defendant causes noise in a manner contrary to the obligations set forth in the relevant laws, which is likely to harm another person’s health. The crime of causing noise is a concrete danger offense. It is not necessary for the health of the person exposed to the noise to be actually harmed; it is sufficient that the noise is capable of endangering human health.
In light of these explanations, when evaluating the concrete case: considering the content of the report dated 27.08.2014, the expert reports prepared before and after the annulment, and the entirety of the case file, it was determined that although the defendant committed the crime of causing noise—a concrete danger offense—issuing an acquittal on inappropriate grounds was legally incorrect…” (Court of Cassation, 4th Criminal Chamber, 2022/14906 E., 2023/17491 K., 26.04.2023)
“…The offense under Article 183 of Law No. 5237 is a concrete danger crime. For the crime to occur, it is not necessary for the health of the person exposed to the noise to be actually harmed; it is sufficient that the noise is capable of endangering human health.
To assess whether the measured noise level is capable of harming human health according to scientific criteria, the file should have been submitted to a board including an audiology expert, and a report should have been obtained on whether the noise in the specific case was capable of endangering human health, based on which the defendant’s legal situation should have been determined.
Issuing an acquittal on unlawful and insufficient grounds was therefore deemed legally incorrect…” (Court of Cassation, 4th Criminal Chamber, 2023/788 E., 2023/17937 K., 04.05.2023)
“…It was understood that the 8-year statute of limitations for the case, as stipulated in Article 66/e of the Turkish Penal Code No. 5237, which applies to the type and maximum penalty foreseen for the noise disturbance offense attributed to the defendant, had expired between the date of the conviction, which was the last action interrupting the limitation period (Decision No. 2008/1148, File No. 2007/109, dated 18/12/2008), and the date of appeal review. Accordingly, the plaintiff’s attorney’s appeal was found to be justified, and the other aspects of the ruling, which were not examined, were annulled pursuant to Article 321 of the Code of Criminal Procedure No. 1412, as applied in accordance with Article 8/1 of Law No. 5320.
However, since this matter does not require a retrial, it was decided based on the authority granted by Article 322 of the said Law that the public prosecution against the defendant for causing noise be dismissed due to the expired statute of limitations, taking into account Article 66/e of the TPC No. 5237 and Article 223 of the Criminal Procedure Code. This decision was made unanimously on 09/01/2017…” (Court of Cassation, 18th Criminal Chamber, 2015/44945 E., 2017/58 K., 09.01.2017)
“…The offense under Article 183 of the Turkish Penal Code is a concrete danger offense. For the offense to occur, it is not necessary for the health of the person exposed to the noise to be impaired; it is sufficient that the noise is capable of endangering human health. According to the above explanations, in the specific case, the expert report dated 18/07/2016 revealed that the minutes taken at the points where noise measurements were conducted did not indicate the distance from which the measurements were made or how many speakers were used. Therefore, the failure to determine the measurement distance by hearing the witnesses of the minutes dated 09/07/2012 and, if necessary, obtaining an additional expert report for reevaluation before assessing the legal situation of the defendant constitutes a violation of the law.
Since the appeal grounds of the Public Prosecutor at that location were found justified, it was decided, in accordance with the notice, to annul the judgment, and to send the file back to the court of first instance for the proceedings to continue from the pre-annulment stage and be concluded. This decision was made unanimously on 18/02/2019…” (Court of Cassation, 18th Criminal Chamber, 2017/6863 E., 2019/3251 K., 18.02.2019)
“…In the case filed seeking the punishment of the defendant … for the offense of disturbing the peace and tranquility of individuals, the Court accepted that the defendant’s act constituted the misdemeanor of causing noise under Article 36 of Law No. 5326 and decided that, since an administrative fine had already been imposed on the defendant by the Şişli District Police Department on 20/04/2012 for causing noise, there was no need to impose a new administrative fine. It was understood that these decisions do not constitute a judgment as specified in Article 223 of the Criminal Procedure Code (CMK) and are not subject to appeal.
Accordingly, it was determined that there was no need to issue a decision regarding the request for an appeal submitted by the plaintiff’s attorney contrary to the notice…” (Court of Cassation, 18th Criminal Chamber, 2015/40235 E., 2017/9407 K., 21.09.2017)
Lawyer. Gökhan AKGÜL & Lawyer. Yasemin ERAK
ANTALYA CRIMINAL LAW ATTORNEY – ANTALYA CRIMINAL DEFENSE LAWYER
The crime of causing noise is an important issue that negatively affects both daily life and neighborly relations. Regulated under the Turkish Penal Code and relevant legislation, this offense includes playing loud music, organizing noisy events, or engaging in other noise-generating behaviors that disturb neighbors’ peace. At our law firm in Antalya, our experienced team of lawyers provides consultancy throughout legal proceedings related to noise-related offenses, offering effective solutions for both victims and individuals facing allegations. Especially in criminal and compensation cases, working with an experienced Antalya lawyer is a critical step for protecting rights and ensuring proper management of legal processes.
