What Is the Crime of Threat?
The crime of threat is regulated under Article 106 of the Turkish Penal Code.
Threat
Article 106- (1) A person who threatens another by stating that they will carry out an attack against the life, bodily integrity, or sexual immunity of that person or their relative, shall be sentenced to imprisonment from six months to two years. In the event of a threat to cause significant damage to property or to inflict other harm, upon the complaint of the victim, a sentence of imprisonment up to six months or a judicial fine shall be imposed.
(2) If the threat is committed;
a) With a weapon,
b) By the person disguising themselves, by anonymous letter, or by special signs,
c) By more than one person acting together,
d) By taking advantage of the intimidating power of existing or assumed criminal organizations,
The perpetrator shall be sentenced to imprisonment from two years to five years.
(3) If the crime of intentional killing, intentional injury, or damage to property is committed for the purpose of threat, the penalty for these crimes shall also be imposed.
For the crime of threat to occur, the act must be capable of affecting the victim's sense of security and inner peace, and be sufficient to lead them to anxiety and fear. The disturbance of the victim's inner peace puts their ability to make free decisions or act according to those decisions at risk. In short, a threat is "an act that endangers the victim's freedom of decision or action."
The purpose of the crime of threat is to prevent the victim from living fearlessly, without anxiety, and in peace and security. The interest protected by the crime of threat is the person's mental state and inner peace. Because it disturbs the victim's inner peace and endangers their freedom of decision or action, the act of threat is regulated under the heading "Crimes Against Liberty" in the Turkish Penal Code. The legal value protected in the crime of threat, as explained in the preamble of Article 106 of the Turkish Penal Code, is "The legal value protected by threat is the peace and tranquility of individuals. Thus, the emergence of a sense of insecurity in individuals is prevented. Therefore, this article penalizes attacks against the individual's inherent peace and tranquility. However, the primary value that the article seeks to protect is the individual's freedom of decision and action."
The act sanctioned under the first paragraph of Article 106 of the Turkish Penal Code is threatening the victim by stating that the perpetrator will carry out an attack on their life, bodily integrity, or sexual immunity, or will cause significant damage to their property or inflict other harm. In a threat, it is declared that the harm will be inflicted, or the injustice will be committed, contingent upon the fulfillment of a request made by the perpetrator.
A threat can be committed verbally, in writing, or by any sign. What is important is that the injustice mentioned is conveyed to the victim's knowledge. The means used is irrelevant. In a threat, it must be communicated that if the request constituting the subject of the threat is not fulfilled, the harm will occur at the perpetrator's will. If the perpetrator's words and actions are in the nature of a warning, it does not constitute a threat, no matter how severe. The difference between a warning and a threat is that in a threat, the harm to be inflicted on the victim is created by the person making the threat, whereas in a warning, the occurrence of this harm is independent of the perpetrator's will and influence. What matters is not the words used by the perpetrator, but the meaning and manner in which these words are spoken. A threat made to a victim must be capable of disturbing their inner peace and creating fear and anxiety.
According to Court of Cassation jurisprudence, a threat is the notification to the victim that they will be subjected to severe and unjust harm. It is presenting a future harm, the occurrence of which depends on the perpetrator's will, as if it will definitely occur. A threat must restrict the victim's freedom of decision and free action, disturb their inner peace, and cause them anxiety. If the perpetrator's words do not create serious fear in the victim, or are not suitable, sufficient, or appropriate to achieve the result, it cannot be argued that the crime of threat has occurred.
The crime of threat is a crime of conduct alone.
Anyone can be the perpetrator of the crime. The penalty for a public official who commits the crime by using the powers granted to them due to their office is increased.
Anyone can be the victim of the crime. However, the victim must be a specific person or persons. Threatening actions directed at unidentified targets do not constitute a crime. The threat does not necessarily have to be directed at the victim themselves. Threats directed at the victim's relatives (e.g., parents, children, friends) are also considered made against the victim, provided they are capable of leading the victim to fear and anxiety. This is expressed in the Law as "themselves or their relatives." As a rule, the crime of threat cannot be committed against persons who lack the capacity of perception due to their mental or physical state.
The subject of the crime of threat is the inner peace and liberty of the victim targeted by the threat. For the crime to occur, it is not required that the threat actually disrupts the victim's inner peace or causes them fear or anxiety. In other words, the classification of the act of threat as a crime does not depend on the victim's inner peace being effectively disturbed.
The qualified circumstances of the crime requiring a heavier penalty are as follows;
-With a weapon,
-By the person disguising themselves, by anonymous letter, or by special signs,
-By more than one person acting together,
-By taking advantage of the intimidating power created by criminal organizations,
In case of being committed, the perpetrator is sentenced to imprisonment from two years to five years.
-In case of committing the crime of intentional killing, intentional injury, or damage to property for the purpose of threat, the penalty for these crimes is also given.
The mental element of the crime of threat; the crime of threat can be committed knowingly and willingly.
The crime of threat is not a crime subject to complaint, and the investigation is initiated ex officio by the Prosecutor's Office. In the presence of the less severe qualified circumstance, the prosecution of the crime is subject to complaint.