Today, the crime of threat is a legal issue that many people are exposed to without realizing it or have incorrect information about. Telling a person that you will harm them or frightening them may not always be considered a crime of threat. However, in some cases, even a simple word can be considered a crime under TPC 106 and can lead to serious sanctions.
So, what is the crime of threat, in which situations does it require punishment, and how is it proven? What is the penalty for the crime of threat? If a person has been threatened, how should they apply within the complaint period for the crime of threat?
In this article, we will address the elements, penalties, and complaint process of the crime of threat within the framework of TPC 106. Continue reading to get detailed information about the proof of the crime of threat and your legal rights.
Elements of the Crime of Threat
For an action to be considered a crime of threat under TPC 106, the following elements must be realized:
1- Perpetrator (The person making the threat): The person committing the crime must make a statement or action that constitutes a threat against the victim.
2- Victim (The person being threatened): The person who is the target of the crime must have perceived the threat and believed it to be serious. The threat must be frightening from the victim’s perspective.
3- Element of Threat: The threat must be about causing harm to life, bodily integrity, or sexual inviolability. As stated in TPC 106/1:
- Threat to life: Statements such as “I will kill you.”
- Threat to bodily integrity: Statements such as “I will seriously harm you” or “I will beat you.”
- Threat to sexual inviolability: Statements such as “I will sexually assault you.”
4- Act of threat: The threat must be clearly stated. For example, just shouting angrily does not constitute the crime of threat. However, if there is a clear statement aimed at frightening the victim, a crime may be constituted.
5- Element of Intent: The perpetrator must make the threat knowingly and willingly. Words made as a joke or as a result of misunderstanding may not constitute a crime.
Penalties for the Crime of Threat (TPC 106)
The penalty for the crime of threat varies according to the manner in which the crime was committed. Article 106 of the Turkish Penal Code classifies the act of threat as simple threat, threat against property, and qualified threat.
1) Simple Crime of Threat (TPC 106/1)
If the perpetrator makes a threat against the victim’s life, bodily integrity, or sexual inviolability, the court applies imprisonment from six months to two years.
If the threat is committed against a woman, the court determines the lower limit of the sentence to be not less than nine months.
Examples:
If the perpetrator threatens the victim by saying “I will kill you!” or “I will seriously harm you!”, the court evaluates this action within the scope of the crime of threat and may proceed to punish the perpetrator.
WARNING: The court gives a penalty by evaluating whether the threat is frightening and serious from the victim’s perspective.
2) Threat Against Property (TPC 106/1 – 2nd Sentence)
If the perpetrator threatens by saying that they will damage the victim’s property or do some other evil, the court gives imprisonment up to six months or a judicial fine.
In such threats, the victim must file a complaint.
Examples:
If the perpetrator threatens the victim by saying “I will burn your house!” or “I will destroy your car!”, the court can rule on punishment by evaluating this situation as a crime of threat.
3) Qualified Forms of the Crime of Threat (TPC 106/2)
In some cases, the court evaluates the crime of threat with heavier penalties. If the perpetrator carries out the threat in the following ways, the court applies imprisonment from two years to five years.
Threat with a weapon (TPC 106/2-a):
If the perpetrator threatens using a knife, pistol, or similar weapon, the court evaluates the crime within the scope of aggravated threat.
Threat by making oneself unrecognizable (TPC 106/2-b):
If the perpetrator threatens by concealing their identity or with an unsigned letter, the court increases the penalty.
Threat by more than one person together (TPC 106/2-c):
If the perpetrator carries out the threat together with a group of people, the court applies the penalty with an increase.
Threat through a criminal organization (TPC 106/2-d):
If the perpetrator threatens by using the power of an existing or believed to exist criminal organization, the court gives an aggravated penalty.
Crimes Committed Together with the Crime of Threat (TPC 106/3)
If the perpetrator also commits other crimes while carrying out the threat, the court punishes separately.
Intentional injury + Threat:
If the perpetrator causes physical harm after threatening the victim, the court gives a penalty for both threat and intentional injury.
Damage to property + Threat:
If the perpetrator damages the victim’s property after threatening them, the court applies punishment for two separate crimes.
Attempted murder + Threat:
If the perpetrator attempts to kill after threatening the victim, the court determines punishment for both threat and attempted murder crimes.
What Should You Do If You Have Been Subjected to the Crime of Threat?
Victims of the crime of threat must take the necessary steps within the complaint period for the crime of threat to protect their legal rights. According to TPC 106, the crime of threat is dependent on the victim’s complaint in some cases, while in some cases it is investigated ex officio (on its own initiative) by the prosecutor’s office.
1) Complaint Period in the Crime of Threat
The complaint period for the crime of threat varies depending on the nature of the crime:
- For simple crime of threat (TPC 106/1 – threats against property), the complaint period is limited to 6 months.
- For threats against life, body, or sexual inviolability (TPC 106/1 – serious threats), no complaint period is required; the prosecutor’s office directly initiates an investigation.
WARNING:
If the threat is aimed at damaging the victim’s property, if the victim does not file a complaint within 6 months, they lose the right to file a lawsuit.
For threats against life, bodily integrity, or sexual inviolability, there is no time limit; state prosecutors can file a lawsuit on their own initiative.
2. Where and How to File a Complaint for the Crime of Threat?
Victims of the crime of threat can file a complaint with the following institutions by presenting their evidence:
- Public Prosecutor’s Office: The victim can file a criminal complaint with the prosecutor’s office by detailing the threat incident they experienced.
- Police or Gendarmerie Station: The complainant can go to the nearest police or gendarmerie station and give a statement regarding the crime of threat and present evidence.
- Complaint via CİMER: The victim can file a criminal complaint regarding the threat by applying to CİMER (Presidential Communication Center).
The complaint application should include the following information:
- Identity information of the person making the threat (if known)
- When and how the threat occurred
- Threatening messages, voice recordings, or witnesses
What Can Be Used as Evidence in the Crime of Threat?
Proof of the crime of threat often depends on the presentation of evidence. The following elements can be evaluated as proof of the crime of threat in court:
- Written and Voice Messages: Threatening messages sent via WhatsApp, SMS, email, or social media are accepted as evidence.
- Phone Calls and Voice Recordings: If the victim has recorded the perpetrator’s threatening voice recording or phone call, they can present it as evidence to the court.
- Security Camera Footage: If the threat occurred in a physical environment, camera recordings can be used in proving the incident.
- Witness Statements: If there were one or more witnesses during the incident, the statements of these people are evaluated as important evidence in court.
WARNING: Victims of the crime of threat should collect such evidence and present it during the complaint.
Statute of Limitations Period in the Crime of Threat
For a criminal case to be filed for the crime of threat, it must occur within the statute of limitations period determined in the Turkish Penal Code.
- The statute of limitations period for simple threat crimes is 8 years.
- The statute of limitations period for qualified threat crimes can increase up to 15 years.
WARNING: If a complaint is not filed before the statute of limitations period for the crime of threat expires, the crime is removed from the scope of punishment and a lawsuit cannot be filed against the perpetrator.
Differences Between the Crime of Threat and the Crime of Blackmail
The crime of threat and the crime of blackmail are often confused with each other but are legally different types of crimes. The crime of threat (TPC 106) is an action aimed at frightening the victim. The perpetrator tries to put pressure on the victim by informing them that they will harm them.
The crime of blackmail (TPC 107), on the other hand, is committed by using threatening statements to make the victim do or not do something. The perpetrator tries to obtain an unlawful benefit by exerting pressure on the victim’s private life information, secrets, or other elements.
For example:
- If the perpetrator frightens the victim by saying “I will kill you!” or “I will burn your house!”, the crime of threat is constituted. Since the perpetrator’s purpose is only to frighten and put pressure on the victim, this action is a simple or qualified crime of threat under TPC 106.
- If the perpetrator tries to obtain an unlawful benefit by saying “If you don’t give me money, I will disgrace you!” or “If you don’t hire me, I will publish your private images!”, the crime of blackmail is constituted. The perpetrator’s purpose is not only to frighten but also to force the victim to do or not do something. Therefore, it is evaluated as the crime of blackmail under TPC 107.
The Crime of Threat and the Importance of Lawyer Support
The crime of threat can have serious psychological and legal consequences for the victim. Threatening acts considered crimes under TPC 106, if not proven with correct evidence, may result in the case being dismissed on the grounds that there is insufficient evidence in the trial process. For this reason, victims of the crime of threat and persons unjustly accused of threat should receive legal support from a criminal lawyer to manage the process in the best way.
Why Is Lawyer Support Important?
- Collection and Presentation of Evidence:
The lawyer helps in collecting evidence such as threatening messages, voice recordings, witness statements in accordance with the procedure and presenting them to the court. - Preparation of the Complaint Petition:
Victims of the crime of threat can prepare a legally strong complaint petition with lawyer support and establish the prosecutor’s office and court process on a more solid foundation. - Defense in Court:
In cases where the perpetrator is unjustly accused of threat, the lawyer can prevent them from receiving punishment by making a defense with legal evidence. - Mitigation of the Penalty for the Crime of Threat or Acquittal:
If a person is accused of the crime of threat, with lawyer support they can benefit from legal advantages such as good conduct reduction, mediation process, and receive the minimum penalty.
Why Should You Choose Us?
In serious legal processes such as the crime of threat, the guidance of an experienced criminal lawyer is of great importance to take the right steps and create a strong defense. So, why should you work with us?
Expertise and Experience
We have extensive experience in the field of the crime of threat and criminal law. We protect the rights of victims in cases under TPC 106 and defend persons unjustly accused in the most effective way.
Strong Legal Strategy
Every crime of threat file is different and each client’s legal needs must be addressed specifically. We work to ensure you get the best result in the trial process by creating a defense and evidence collection strategy tailored to you.
Effective Evidence Presentation and Defense
Proof of the crime of threat is possible with the presentation of correct evidence. We create the strongest defense in your favor by presenting message records, witness statements, and other evidence to the court in accordance with the law.
Fast and Transparent Process Management
We manage the trial process transparently, defending your legal rights in the best way by informing you at every stage.
Confidentiality and Professionalism
We attach the utmost importance to client confidentiality. Your personal information is protected throughout the entire process and your legal rights are secured.
If you are a victim of the crime of threat or facing an unjust accusation, contact us to manage the legal process in the best way. You can receive professional legal support by visiting our Ankara Criminal Lawyer page.
