Mobbing Davranışlarının Eziyet Suçu Bakımından Değerlendirilmesi

The concept of mobbing, which is frequently heard in business life in recent years, is the biggest problem for workplace peace and the peaceful work of the employed under fair conditions. Although the issue seems to be within the scope of Labor Law, the acts committed against the victim of mobbing constitute unfairness in terms of Criminal Law. For this reason, there are many types of crimes in the Turkish Penal Code for systematic behaviors that constitute mobbing. However, an independent mobbing crime is not regulated in the Criminal Law legislation of the countries included in the Continental European Legal System, except for France. Based on this, the Turkish Criminal Law doctrine does not believe in the need to make a separate regulation in the law. In fact, since the judicial practitioners in these countries are conscious and sensitive to behaviors that constitute mobbing, they punish such acts with the relevant provisions in the Federal Criminal Laws. Besides that, in court practices in our country, there is no reasoned decision stating that the act of the perpetrator constitutes mobbing. Although it stands out as a minority opinion in some Supreme Court decisions, this situation should change rapidly. According to the data of the Ministry of Labor, it is of great importance for the Criminal Courts to be aware of the fact that about forty percent of those who are employed in our country are exposed to mobbing. In this study, the concept of mobbing has been magnified within the framework of torment crime regulated in Article 96 of the Turkish Penal Code, which our judicial practice feels as alien as the concept of mobbing and applied less frequently. As suggested at the end of the study, we believe that making an independent mobbing regulation in the Criminal Code will solve many problems.