Persistent Stalking Crime and AirTag: TCK 123/A Victim Guide
Learn in plain language the persistent stalking crime under TCK 123/A, how an AirTag finding may be assessed, and complaint and evidence preparation.
Persistent stalking was regulated as a standalone crime in Article 123/A of the Turkish Penal Code by Law No. 7406, published on 27 May 2022. The regulation centers on causing serious unrest in a person, or concern for their own or a relative’s safety, as a result of persistently attempting physical following or contact through communication/IT tools or third parties.
AirTag is not written in the article specifically. Even so, a tracking tag placed without your knowledge can be a finding that shows the incident’s following pattern together with other behavior. The prosecutor’s office and the court make the legal qualification on the concrete incident.
Which elements matter under TCK 123/A?
When an incident is assessed, these questions usually stand out:
- Is the behavior one-time, or a persistent, repeating pattern?
- Is there physical following or an attempt to contact through tools?
- Did the behavior cause serious unrest or safety concern in the victim?
- What are the events’ dates and context?
- What is the relationship between the suspected perpetrator and the victim?
- Are there aggravating contexts such as a child, separation, or an existing restraining order?
“Serious unrest” can mean more than abstract discomfort. It matters to explain in your application concrete effects such as changing your way home, being unable to leave work alone, constantly checking your location, or worrying for relatives’ safety.
Is an AirTag alone proof of the crime?
No. Finding an AirTag alone does not prove by whom, when, and for what purpose the device was placed. But this data together can form a more meaningful picture:
- The phone’s alert map if one exists; if not, the BLE scan record and date-time details.
- The device being hidden in your personal belongings.
- The AirTag serial number and masked owner details.
- Threats, messages, or unexpected encounters in the same period.
- Parking-garage or workplace camera footage.
- Witnesses who found the device or were with you during the search.
- Earlier police applications, restraining orders, or reports.
Lawful obtaining of evidence matters. Do not try to enter someone else’s account, seize their password, or record unlawfully. Preserve the alert if one exists, the scan notes if not, and the physical finding in any case, and ask the competent authority for help. The absence of a notification does not by itself invalidate the tracking suspicion.
Where to apply for a complaint?
You can apply to the police station, gendarmerie station, or Chief Public Prosecutor’s Office. In urgent danger, call 112 first. Presenting the events’ chronology in writing during the application strengthens the account.
Procedural matters such as complaint and time limits can matter in investigating the crime under TCK 123/A. Get support from a lawyer working in criminal law for the current state and your concrete incident. If you lack means, ask the legal-aid office of your province’s bar about application conditions.
How should you recount events when giving a statement?
Instead of producing legal terms, clearly list the facts. For example:
- The date of the first following or harassment incident.
- Later messages, calls, physical following, or encounters.
- The date and route the AirTag alert was seen; if no alert, the scan’s date, place, and target details.
- Where and with whom the device was found.
- The events’ effect on your daily life and sense of safety.
- Concrete reasons suggesting the link to the person you suspect.
Besides saying “I was afraid”, explaining that you changed your route to work, cannot pick the child up from school alone, or cannot stay home helps the effect be understood.
Relation to Law No. 6284
A criminal investigation and a protection measure are two separate processes. Without waiting for a crime to be finalized, protection can be requested under Law No. 6284 for violence or one-sided persistent-stalking risk. Per the Ministry of Family and Social Services’ information, there are cases where protective measures can be assessed without seeking evidence or documents.
Depending on the concrete incident, measures such as stay-away, no harassment through communication tools, removal from the shared home, temporary protection, or keeping address details confidential may come up. The police, gendarmerie, prosecutor’s office, Family Court, ŞÖNİM, ALO 183, governorships, and district governorships are among the application points.
Should you immediately turn the device off?
If near danger exists, cutting the tracking and moving to a safe place takes priority. Disable the AirTag per Apple’s instructions and ask for help. If the risk is not urgent, ask law enforcement whether handing the device over in working condition helps the investigation.
Breaking, resetting, or publishing the device on social media can cause information loss and extra safety risk. Record a photo, the serial number, and where it was.
Personal safety plan after applying
- Change your daily route for a while and do not move alone.
- Tell trusted people the incident and the application number.
- Change phone and account passwords from a trusted device; check location-sharing permissions.
- Re-scan the car and bag at intervals.
- Record every new incident with date-time, and report violations of the existing measure decision without delay.
Official sources
Search without waiting for an alert
Narrow down the suspicious Bluetooth signal step by step.
AntiAirtag detectors show active BLE broadcasts with a strong antenna even when your phone produces no alert, and help you approach the source of the signal you select. They cannot by themselves confirm that a broadcast is an AirTag or a malicious device.
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