What is Duress under TCK 108?

TCK 108 duress, against a person physical force by using to compel them:

• something to do,
• something not to do, or
• something to permit (to allow/to endure)

implies coercion.

The essential point in duress is that the physical force is capable of will formation and freedom of voluntary action being susceptible to violation. The Yargıtay Ceza Genel Kurulu also defines duress as the use of physical force that produces a compressive (coercive) effect upon a person's will.

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What is the Legal Interest Protected under TCK 108?

Freedom of Movement and Freedom of Will of the Individual

At the core of the regulation on coercion lies the individual's ability to make decisions of their own free will and bodily integrity / freedom of movement .

In the decisions of the General Assembly of Criminal Chambers, it is emphasized that the matter intended to be penalized with this crime is the unlawful removal or restriction of individuals' freedom of movement .

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What are the Elements of TCK 108?

Use of Physical Force Against the Victim

When TCK Article 108 refers to "coercion", physical force (violence) is indicated. This use of force is most often materialized through an act that may be evaluated within the scope of intentional injury.

Does physical force necessarily have to result in grievous bodily harm?

No. According to case law, the use of physical force capable of overcoming the victim's will is considered sufficient for duress to be established. However, the severity of the force used and the resulting injury provisions on intentional injury will also affect the calculation of the sentence.

Purpose of Coercion (Compelling to Do / Not to Do / Allowing Something)

The distinguishing feature of Article 108 of the TCK is that physical force is used for a specific purpose . In other words, the violence must not remain merely as "assault"; it must be employed to compel the victim to engage in a specific conduct:

• Twisting an arm, pushing, or forcibly holding someone by saying "Sign this"
• Blocking a path and applying physical force by saying "Do not leave here"
• Forcibly snatching a phone by saying "Give me your phone", etc.

Connection with Intentional Injury

The most critical aspect of TCK Article 108 is this:

• If coercion is present, the sentence to be imposed for the offense of intentional injury is determined,
• and then this sentence is increased by between ⅓ and ½..

Therefore, in practice, TCK 108 is a provision that triggers a sentence enhancement when the combination of "intentional injury + purpose of coercion" occurs.

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Differences Between TCK 108 Duress and Other Concepts

Difference Between Coercion (TCK 108) and Threat

• Coercion: Physical force is present (force directed at the body).
• Threat: There is a notification that an evil will be inflicted in the future without the use of physical force.

Both force and threat may coexist in an incident; however, the focus of TCK 108 is actual physical force.

The Relationship Between Force and Deprivation of Liberty (TCK 109)

In certain incidents, a person's freedom of movement may be restricted through the use of force. In such cases, depending on the scope of the act, TCK 109 (deprivation of liberty) may also come into question. Which offense is constituted or whether they apply concurrently is evaluated based on the specific circumstances of the case (duration of the act, relocation/confinement in an enclosed space, intent, intensity).

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Frequently Asked Questions (FAQ)

1) What is force under TCK 108?

It is the use of physical force to compel a person to do something, not to do something, or to permit something to be done ..

2) What is the penalty under TCK 108?

If force is applied, the sentence to be imposed for the offense of intentional injury is determined and this sentence is increased from one-third to one-half.

3) Is injury strictly required for duress/coercion (cebir)?

In practice, coercion (cebir) mostly involves physical intervention evaluated within the scope of intentional injury. However, the essential factor is that the physical force used must be capable of overcoming the victim's free will. The degree of injury may affect the calculation of the sentence.

4) Are coercion (cebir) and threats the same thing?

No. In coercion (cebir), physical force, whereas in threats, words/conduct intended to intimidate are at the forefront. Both may occur together in the same incident.

5) If I apply coercion and detain someone in a place, what crime is committed?

Depending on the specific circumstances of the case TCK 109 (deprivation of liberty) and other offenses may also come into question. Duration, location, intent, and the intensity of the act are determinative.

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