WHAT IS THE CRIME OF THREAT?
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 their life, bodily, or sexual integrity, or that of their close relatives, shall be sentenced to imprisonment from six months to two years. In the case of a threat to cause significant damage to property or to inflict other harm, upon the victim's complaint, the perpetrator shall be sentenced to imprisonment for up to six months or a judicial fine.
(2) In the event that the threat is committed;
a) With a weapon,
b) By the person concealing their identity, via an anonymous letter, or by using special signs,
c) By more than one person together,
d) By taking advantage of the intimidating power of existing or presumed criminal organizations,
The perpetrator shall be sentenced to imprisonment from two years to five years.
(3) If the crime of intentional homicide, intentional injury, or damage to property is committed for the purpose of threat, a separate penalty shall be imposed for these crimes as well.
For the crime of threat to occur, the act must be capable of affecting the victim's sense of security and inner peace, and inducing fear and anxiety in them. The disruption of the victim's inner peace endangers their ability to make decisions freely or to act according to the decisions they have made. In short, a threat is "an act that jeopardizes the victim's freedom of decision or action."
The purpose of the crime of threat is to prevent the victim from living without fear, anxiety, and in peace and security. The interest protected by the crime of threat is the individual's mental state and inner peace. Because it disrupts the victim's inner peace and jeopardizes their freedom of decision or movement, the act of threat is categorized under "Crimes Against Liberty" in the Turkish Penal Code. The legal value protected by the crime of threat is, as explained in the justification of Article 106 of the Turkish Penal Code, "The legal value protected by the 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 an individual's unique sense of peace and tranquility. However, the primary value that the threat intends to protect with this article is the individual's freedom to decide and act."
The act sanctioned under the first paragraph of Article 106 of the Turkish Penal Code is for the perpetrator to threaten the victim by stating that they will carry out an attack against their life, bodily or sexual integrity, or that they will inflict significant damage to their property or cause other harm. In a threat, it is declared that harm or injustice will be carried out contingent upon whether the perpetrator's demands are met.
A threat can be carried out verbally, in writing, or by any sign. What matters is that the injustice promised to be carried out is communicated to the victim. The means by which this is done is irrelevant. In a threat, it must be declared that if the request constituting the subject of the threat is not fulfilled, the harm will occur under the perpetrator's volition. If the perpetrator's words and actions are in the nature of a warning, they do not constitute a threat, no matter how harsh they may be. The difference between a warning and a threat is that in a threat, the harm to be inflicted upon 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 is important is not the words the perpetrator uses, but the meaning and the manner in which these words are spoken and expressed. The threat made against the victim must be capable of disrupting their inner peace and creating fear and anxiety in them.
According to the precedents of the Court of Cassation, a threat is the notification to the victim that they will be subjected to severe and unjust harm. It is the portrayal of a future harm that is dependent on the perpetrator's will as if it were to occur. A threat must restrict the victim's freedom to make decisions and act freely, disrupt their inner peace, and cause them anxiety. If the perpetrator's words do not create a serious fear in the victim, and are not capable of achieving the result, sufficient, or appropriate, it cannot be argued that the crime of threat has occurred.
The crime of threat is a crime of conduct.
The perpetrator of the crime can be anyone. The penalty for a public official who commits the crime by exercising the powers granted to them by their office is increased.
The victim of the crime can be anyone. However, the victim must be a specific person or persons. Threatening acts directed at unspecified individuals 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., mother, father, children, friends) are also considered to have been made against the victim, provided they are capable of causing fear and anxiety in the victim. This matter is also 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 condition.
The subject of the crime of threat is the inner peace and liberty of the victim who is the target of the threat. For the crime to occur, it is not required that the threat actually disrupts the victim's inner peace or induces fear or anxiety in them. In other words, for the act of threat to be considered a crime, it is not dependent on the victim's inner peace being actually disrupted.
The qualified circumstances requiring a heavier penalty for the crime are as follows;
-With a weapon,
-By the person concealing their identity, via an anonymous letter, or by using special signs,
-By more than one person together,
-By taking advantage of the intimidating power of criminal organizations,
If committed, the perpetrator shall be sentenced to imprisonment from two years to five years.
-If the crime of intentional homicide, intentional injury, or damage to property is committed for the purpose of threat, a separate penalty shall be imposed for these crimes as well.
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 Public Prosecutor's Office. In the presence of qualified elements that require a lesser penalty, the prosecution of the crime is subject to complaint.