What is the Crime of Threat under TCK 106?

TCK 106 crime of threat, by stating that an attack will be carried out against a person (or their relative), causing the victim being intimidated and subjected to pressure is a type of crime that manifests in this manner. The purpose of the threat is often to establish psychological dominance over the victim, to intimidate them, or to compel them to engage in a specific conduct.

In legal practice, the crime of threat most frequently arises through:

• "I will kill you."
• "I will beat you / knife you."
• "I will attack you."
• "I will burn down your house."
  Such expressions come to the agenda. (Evaluation is made based on the specific circumstances of the case.)

What is the Legal Interest Protected Under the Crime of Threat?

As emphasized in the jurisprudence of the Court of Cassation (Yargıtay), the core values protected under the crime of threat are:

• The peace and tranquility of individuals
• The individual's freedom of decision-making and action
• The sense of security
  stands out as.

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What are the Elements of the Crime of Threat?

Must the Threat Be "Serious"?

Yes. The threat must be capable of creating fear in the victim in the ordinary course of life and must be "serious" in nature. However, the assessment of "seriousness" in each case is evaluated together with criteria such as:

• the relationship between the parties,
• the context in which the words were spoken,
• prior hostility,
• the perpetrator's behavior,
• indicators regarding the likelihood of the threat being carried out
  .

Who Can It Be Directed At?

TCK 106 defines the threat as:

• of the victim to oneself,
• of the victim or to a close relative,
  also encompasses threats directed at them.

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Penalty for the Crime of Threat (TCK 106/1)

TCK 106/1 makes two main distinctions:

Threats Directed Against Life, Physical Integrity, or Sexual Immunity

A person who threatens someone:

• against their life (killing, etc.),
• physical integrity (injury, assault, etc.),
• sexual immunity (threat of sexual assault, etc.)
  the person who threatens by stating that they will carry out an attack directed against, imprisonment from 6 months to 2 years shall be punished with the penalty of.

Lower Limit Increases in Threats Against Women

According to the current regulation in the text of the law: In the event that the crime of threat is committed against a woman, the lower limit of the penalty cannot be less than 9 months.
In practice, this means an increase in the lower limit of penalties in "threats against women" cases.

Threats of Major Damage to Property or "Other Evils"

If the threat is not directed at the aforementioned areas (life/body/sexual inviolability) but rather at:

• major damage in terms of assets,
• or the promise of another evil,
  the sanction according to the law (as specified in the text) upon complaint is provided as a lower range of imprisonment or a judicial fine.

Note: In practice, since issues such as "being subject to complaint", conciliation, and investigation procedure may vary depending on the specific case, a separate evaluation must be made according to the type of incident.

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Aggravated Crime of Threat (TCK 106/2): When is the Penalty Increased?

Pursuant to Article 106/2 of the TCK, the commission of the threat in the following manners, aggravated circumstance is considered as such and the penalty is aggravated:

Threat with a Weapon (TCK Art. 106/2-a)

Threat with a weapon if committed, a qualified circumstance arises. The concept of a weapon may be interpreted broadly in practice; it is evaluated according to the nature of the incident.

Disguising Oneself / Anonymous Letter / Special Marks (TCK Art. 106/2-b)

By concealing the perpetrator's identity, for example:

• by covering their face,
• by an anonymous letter,
• with special marks
  making threats is considered a qualified circumstance.

Threats Committed by More Than One Person (TCK Art. 106/2-c)

The threat jointly by more than one person being committed is subject to a heavier sanction as it increases the pressure on the victim.

Utilizing the Intimidating Power of a Criminal Organization (TCK Art. 106/2-d)

Threats made by enlisting the "intimidating power" of existing or perceived criminal organizations also constitute a qualified circumstance.

Penalty for Qualified Circumstances

According to the statutory text, the penalty for the qualified circumstances set forth in TCK Art. 106/2 imprisonment from 2 to 7 years.

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What Happens If Another Crime Is Committed for the Purpose of Threatening? (TCK Art. 106/3)

Pursuant to TCK Art. 106/3, if the perpetrator for the purpose of making a threat additionally:

• intentional killing,
• intentional injury,
• damage to property
  if they commit the crimes, apart from the threat shall also be punished for these crimes.

This provision is important in cases where it is said, "the threat did not remain merely words, it turned into an act."

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Is Filing a Complaint a Prerequisite for the Crime of Threat?

Under TCK Article 106/1, different consequences may arise depending on the value targeted by the threat. In jurisprudence, the distinction between the threat in the first sentence of the article and the threat in the second sentence (property/other evil) is emphasized.

Therefore, the following distinction is important in practice:

• Threat life/body/sexual immunity if directed to its sphere, it is different,
• Threat property/other evil if directed to its sphere, different evaluations are made in terms of the complaint condition and sanction.

In the specific case, case file details are important for the evaluation regarding the "condition of complaint" and time limits.

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Frequently Asked Questions (FAQ) Regarding the Crime of Threat

1) What is the crime of threat? (TCK 106)

TCK 106 crime of threat is frightening a person and disturbing their peace by stating that an attack will be carried out against them (or their relative).

2) What is the penalty for the crime of threat in terms of years?

• In threats directed against life/body/sexual immunity: 6 months – 2 years imprisonment
• In qualified circumstances: 2 years – 7 years imprisonment
• In case of a threat of significant damage to assets or other evil: As specified in the statutory text upon complaint a lighter sanction shall apply.

3) Is the penalty for the crime of threat against women increased?

Yes. According to the law if committed against a woman, the lower limit of the sentence cannot be less than 9 months.

4) Is a threat with a weapon a qualified circumstance?

Yes. Threat with a weapon, constitutes a qualified circumstance within the scope of Article 106/2 of the TCK and carries an aggravated penalty.

5) Is it a crime if the threat is made via message/WhatsApp?

Threats may be made verbally as well as through written messages, social media messages, e-mails, and similar means. What matters is that the content constitutes a threat and is capable of causing fear in the specific incident.

6) What happens if injury occurs for the purpose of threat?

Pursuant to Article 106/3 of the TCK, if the crime of intentional injury (or homicide / property damage) is additionally committed for the purpose of threat, additionally a penalty shall also be imposed for that offense.

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Atty. Batın YILMAZ