What is the Crime of Extortion? Penalties, Conditions, and Complaint Process Under Article 107 of the Turkish Penal Code (TCK)

What Is the Crime of Blackmail?

Some people want to obtain benefits by creating fear. Turkish criminal law does not permit this behavior. If a person applies pressure to obtain money, have a document signed, or direct the other party according to their own wishes, they face the threat of criminal penalties.

The Turkish Penal Code Article 107 considers these behaviors as a crime. The legislator aims to protect an individual's right to free decision-making. No one can intimidate another person to gain an advantage.

For example, someone might say, "If you don't give me the money, I will share your private images." Some exert pressure through family members. Some use the threat of reporting to the workplace. The prosecutor's office examines correspondence, voice recordings, and money demands in these cases.

What Situations Does TPC 107 Cover?

The law focuses on two different behaviors.

In the first case, the perpetrator uses a right they possess as a means of pressure. In the second case, the perpetrator uses the threat of disclosing information that would damage the victim's honor.

For example, the perpetrator:

• Demands money
• Wants to have a document signed
• Threatens to disseminate private images
• Exerts pressure with the threat of reporting to the workplace
• Creates pressure via social media

Moreover, technology increases these incidents. In particular, WhatsApp messages, Instagram conversations, and screenshots play a significant role in the file.

What Is the Difference from Threat?

Many people think this crime is the same as a threat. However, the law views the two situations differently.

In the crime of threat, the perpetrator wants to create fear. In contrast, in cases within the scope of TPC 107, the perpetrator targets a benefit. They also want to force the victim into a certain behavior.

For example, someone might say, "I will harm you." This statement usually points to the crime of threat. In contrast, the statement "If you don't pay money, I will disgrace you" involves the pressure of benefit.

For this reason, the prosecutor does not look only at a single sentence. The prosecutor examines the entirety of the event. They also evaluate messages, voice recordings, and money demands together.

Does the Process Stop If No Money Is Paid?

No. The risk arises the moment the perpetrator applies pressure.

Even if the victim does not make a payment, the prosecutor can initiate an investigation. Furthermore, the process proceeds even if the victim rejects the perpetrator's demand.

For example, the perpetrator may have demanded money, but the victim may not have paid. The prosecutor can still examine the messages.

That is why individuals should not delete correspondence. Furthermore, taking screenshots is of great importance.

Why Is Evidence Important?

The prosecutor wants to see strong evidence. Therefore, the victim must act quickly.

In the first stage, save the messages. Afterward, take screenshots. In addition to this, preserve bank records and voice recordings.

Some people delete messages because they are afraid. However, this behavior weakens the strength of the case file.

What Is the Penalty?

Under TPC 107, the judge may decide on the following sanctions:

• Imprisonment from 1 to 3 years
• Judicial fine up to 5,000 days

Moreover, the judge looks at the severity of the event. Also, the perpetrator's method of action affects the result.

What Should the Victim Do?

First, stay calm. Afterward, collect the evidence. Also, save the messages.

Then, apply to the Chief Public Prosecutor's Office. In addition to this, get support from a criminal lawyer. Thus, you can reduce the risk of losing rights.

Conclusion

TPC 107 protects a person's right to free decision-making. No one can obtain benefits by creating fear. Furthermore, individuals cannot exert pressure with the threat of disclosing private information.

For this reason, people experiencing a similar event should act quickly. They must first protect the evidence. Afterward, they should obtain legal support.

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