Blackmail crime lawyer is a criminal law lawyer who provides legal support to the victim, suspect or defendant in criminal law processes such as threats, pressure, threats to spread private images, demanding money, threats to damage reputation, blackmail via social media, blackmail by phone, blackmail by message and similar criminal law processes. The crime of blackmail is a serious type of crime that targets a person's freedom of will, puts pressure on the victim, forces him to act against the law, or aims to obtain unfair advantage.
In practice, the crime of blackmail can often come to the fore together with different crimes such as “threat”, “violation of privacy”, “illegal acquisition of personal data”, “insult”, “qualified fraud” or “threat of dissemination of sexually explicit images”. Especially with the spread of digital communication tools, there is a serious increase in blackmail cases via WhatsApp, Instagram, Telegram, e-mail, SMS, fake social media accounts and websites.
In the case of blackmail, it is important to manage the process correctly for both the victim and the person accused. For the victim, evidence must be collected quickly, an application must be made to the prosecutor's office, threatening contents must be recorded before they are lost, and if necessary, protective measures must be evaluated. For the suspect or the accused, it must be carefully examined whether the alleged words really constitute the crime of blackmail, whether there is an unfair benefit purpose, and the legality of the evidence. Lawyer Mehmet Kurşun provides legal support in blackmail crime, threat crime, violation of privacy, digital evidence, criminal investigation and criminal case processes.
What is Blackmail Crime?
The crime of blackmail is when a person forces another person to do or not do something that is against the law or for which he is not obliged, on the grounds that he will do or not do something that he is entitled to or obliged to do. In addition, trying to gain unfair advantage by threatening to disclose or impute matters that may harm a person's honor or reputation is also considered within the scope of blackmail.
The main purpose of blackmail is to suppress the will of the victim. The perpetrator forces the victim to do a behavior that he or she would not want to do under normal circumstances, to give up a behavior that he/she should do, or to benefit himself or someone else. For this reason, the crime of blackmail is a crime committed not only against property, but also against a person's free will, peace, honor and dignity.
For example, behaviors such as "If you do not send me money, I will send your private photos to your family", "If you do not do what I want, I will send the information about you to your workplace", "If you do not sign this document, I will humiliate you" or "If you do not give this money even though you do not owe it, I will make posts that will humiliate you" may constitute the crime of blackmail, depending on the characteristics of the incident.
Elements of Blackmail Crime
In order for the crime of blackmail to occur, certain elements must be present in each case. Not every harsh word, not every threat, not every warning or not every demand for money constitutes a crime of blackmail. What is important in criminal law is whether the person's will is unlawfully suppressed and whether the perpetrator aims to achieve an unfair result in this way.
| Element | Explanation |
|---|---|
| Force | The victim must be forced to do or not to do something that is against the law or for which he is not obliged. |
| unfair advantage purpose | The perpetrator may aim to gain an unfair advantage for himself or someone else. |
| Threat of harming honor and reputation | It can be said that information, images or allegations that may damage the reputation of the victim will be disclosed. |
| Caste | The perpetrator must act willingly and knowing that he is putting the victim under pressure. |
| illegality | The pressure method used must exceed the limits of legitimate claims and must be unlawful. |
What is the Punishment for Blackmail Crime?
The punishment for the crime of blackmail is regulated in the Turkish Penal Code as imprisonment and judicial fines. In case of a crime, the perpetrator may be sentenced to imprisonment from one to three years and a judicial fine of up to five thousand days. The court makes an evaluation according to the characteristics of the concrete incident, the gravity of the words used, the impact on the victim, the purpose of the perpetrator, the evidence and, if any, other acts related to the crime.
In some cases, the crime of blackmail can be committed not alone but together with other crimes. For example, if the perpetrator has unlawfully obtained private photographs of the victim, the crime of unlawful seizure of personal data or violation of privacy may arise. If he spread these images, crimes such as disclosing the images or violating privacy may also be discussed. For this reason, in blackmail files, not only TCK 107, but also the entire criminal law aspect of the incident should be evaluated together.
Difference Between Blackmail Crime and Threat Crime
The crime of blackmail is most often confused with the crime of threat in practice. In the crime of threat, there is an unjust declaration of evil towards the victim. In the crime of blackmail, this threat is often used to force the victim to do or not to do a certain thing or to obtain unfair advantage. In other words, blackmail is not just about intimidation, but also about directing the will of the victim to a certain goal.
For example, words such as "I will hurt you" can be considered as a threat. On the other hand, the statement "If you do not give me this money, I will send your private conversations to your family" may constitute the crime of blackmail, depending on the nature of the incident. Here, the perpetrator forces the victim to give money and puts pressure on the victim by disclosing an issue that will harm the victim's honor or reputation.
| Criterion | Threat Crime | Blackmail Crime |
|---|---|---|
| Aim | It may frighten or unsettle the victim. | There is forcing the victim to do something, not to do something, or to obtain unfair advantage. |
| Example | “I will hurt you.” | “If you don't give me money, I will share your images.” |
| protected value | The person's peace, security and freedom of will are protected. | The individual's freedom of will, honor and dignity, and freedom to make legal decisions are protected. |
| unfair advantage | Not every threat may have an unfair benefit purpose. | Unfair advantage or unlawful coercion is decisive in most cases. |
Blackmail with Private Images or Messages
One of the most common types of blackmail today is blackmail with the threat that private images, photographs, videos, voice recordings or messages will be shared. The perpetrator may obtain content about the victim's private life and ask for money, force her to continue the relationship, request that she send new images, or threaten to inform her workplace or family.
In such cases, the victim may panic and send the money requested by the perpetrator or share a new image, which may further aggravate the process. The victim should first not delete the correspondence, take screenshots, save the account information, keep the receipts if a bank transfer has been made, and get legal support quickly.
In blackmail files with private images, in addition to the crime of blackmail, violation of privacy, unlawful seizure of personal data, insults, threats, sexual harassment or other crimes may also come to the fore. For this reason, the incident should be evaluated not only as "blackmail" but also in terms of criminal law in all its aspects.
Blackmail on Social Media and the Internet
Blackmail on social media can be done through fake accounts, anonymous profiles, hacked accounts or known people. The perpetrator can put pressure on the victim by targeting his private conversations, photographs, business life, family relationships or social circle. Digital evidence is of great importance, especially in blackmail cases via Instagram, WhatsApp, Telegram, Facebook, TikTok and e-mail.
In online blackmail, the identity of the perpetrator may not be known at the first stage. However, user name, phone number, e-mail address, IBAN for which payment is requested, crypto wallet information, IP records, account movements, connection links and correspondence contents may be important evidence during the investigation process. Therefore, it is important for the victim to keep the evidence in an orderly manner and to describe the events chronologically in the application to the prosecutor's office.
What Should a Blackmail Victim Do?
A person who is a victim of blackmail should not make a hasty decision under the pressure of the perpetrator. Sending money to the blackmailer, sharing new images, or accepting his demands often does not end the threat; On the contrary, it may lead the perpetrator to make new demands. Therefore, the victim must follow a legal and safe path.
- Blackmailing messages, voice recordings, e-mails and screenshots should not be deleted.
- The phone number, social media account, email address and username used by the perpetrator should be recorded.
- If money is requested, IBAN, account name, crypto wallet address or payment information must be stored.
- If payments have been made, receipts and bank records must be kept.
- When the threats started and what was requested should be noted chronologically.
- If necessary, an account complaint should be made to the platforms, but action should be taken before the evidence is completely lost.
- A criminal complaint should be made to the Chief Public Prosecutor's Office.
- It should be ensured that the evidence is submitted to the file in accordance with the law by obtaining the support of a lawyer.
Victims of blackmail may often hesitate to apply due to embarrassment, fear, and concern that their family or work environment will find out. However, blackmail is a type of crime that can continue if the victim remains silent and the perpetrator can increase his demands. Therefore, it is important for the victim to know that he is not alone, to protect the evidence and to take legal action.
Evidence in Blackmail Crime
In the case of blackmail, evidence constitutes the most important part of the file. Since blackmail is often done via text message, phone call, social media correspondence or e-mail, digital evidence can be decisive. However, evidence must be obtained in accordance with the law. Records obtained illegally may cause problems in the trial.
- WhatsApp, SMS, Telegram and social media correspondence,
- Email records,
- Voice messages and call recordings,
- screenshots,
- Money transfer receipts,
- IBAN, account name and payment information,
- Social media profile information,
- Witness statements,
- camera recordings,
- IP, HTS and digital review records,
- Legal evidence demonstrating the existence of the threatened content.
Storing evidence only as screenshots may not always be enough. Correspondence should be preserved with date and time information, if possible, the integrity of the conversation should not be compromised, and the evidence should be presented clearly in the application to the prosecutor's office. Lawyer Mehmet Kurşun provides legal support in evaluating evidence in blackmail crime files, preparing a criminal complaint and monitoring the criminal process.
Is Blackmail Crime Dependent on Complaint?
As a rule, the crime of blackmail is not a crime subject to complaint. Therefore, if the competent authorities learn of the crime, the investigation can be carried out ex officio. However, in practice, it is of great importance for the victim to apply to the prosecutor's office, explain the events in detail and present the evidence for the effective progress of the investigation.
Even if the victim withdraws his complaint, the criminal investigation or prosecution for the crime of blackmail may not end automatically in all cases. Therefore, “if I give up the complaint, will the file be closed?” The answer to the question should be evaluated according to the concrete file. Subsequent communication between the victim and the suspect, refund of money, or agreement of the parties may not automatically eliminate the consequences of criminal law.
Is There Mediation in Blackmail Crime?
The crime of blackmail is considered among the crimes that are not within the scope of mediation in practice. For this reason, an agreement between the parties or compensation for the victim's damage does not always mean that the case will be closed through reconciliation. However, compensation for damage, remorse, statements of the victim and other elements in the file can be evaluated from different aspects in criminal proceedings.
Whether institutions such as conciliation, effective regret, postponement of the announcement of the verdict, postponement and judicial fine will be applied should be examined separately according to the characteristics of each file. For this reason, getting legal support at an early stage in the blackmail crime file is important for both the victim and the suspect or defendant.
Investigation Process in Blackmail Crime
The investigation into blackmail generally begins with the victim making a criminal complaint or applying to law enforcement units. Depending on the nature of the incident, the public prosecutor's office may take the statement of the victim, try to identify the suspect, examine digital evidence, request bank records, write on social media or communication platforms, and apply for protective measures when deemed necessary.
During the investigation phase, the integrity of the evidence is as important as the victim's statements. The victim must clearly explain when the blackmail started, what the perpetrator wanted, what threat he used, whether he demanded money or any other benefit, and by what means the threat was made. If sufficient suspicion arises, the prosecutor's office may file an indictment and file a criminal case.
What should a person accused of blackmail do?
The person accused of blackmail should act carefully from the statement stage. The first statement in criminal files may affect the direction of the investigation. For this reason, the true nature of the incident, the relationship between the parties, the context of the words used, whether there is an unfair advantage and whether the alleged threat element is present must be evaluated in detail.
In some files, there may be discussions between the parties arising from a credit-debt relationship, family dispute, business relationship, former relationship, partnership dispute or emotional relationship. Not every harsh statement or statement seeking justice constitutes the crime of blackmail. For example, saying "If you do not pay my debt, I will initiate enforcement proceedings" in accordance with the law is not considered blackmail on its own. However, the crime of blackmail can be discussed if a person forces the other party to do something for which he is not obliged, under the guise of exercising his right.
In defense of the suspect or defendant; The integrity of the messages, before and after the conversation, the victim's statements, the perpetrator's intent, the aim of unfair advantage, the legality of the evidence, and whether the incident falls into another type of crime should be carefully examined.
Is there an arrest for blackmail?
Arrest for the crime of blackmail is not a measure that is automatically applied in every case. In order for an arrest warrant to be issued, there must be strong suspicion of crime, suspicion of escape, possibility of obstructing evidence, or other conditions required by law in the concrete case. Arrest is an exceptional protection measure in criminal proceedings.
However, if blackmail continues systematically, pressure on the victim continues, evidence is likely to be destroyed, the perpetrator continues to threaten the victim, or acts in conjunction with other crimes, measures such as judicial control or arrest may come to the fore. The prosecutor's office and the court make an evaluation according to the nature of the concrete file.
The Court in Charge and Competent for the Crime of Blackmail
As a rule, the trial of blackmail crime is held in the criminal court of first instance. The competent court is the court where the crime was committed. However, it may not always be easy to determine the place where the crime was committed in blackmail files made over the internet, social media or telephone. The location of the victim, the location of the perpetrator, the location where the message was sent, the location of the consequences of the threat and digital evidence can be evaluated together.
Correct evaluation of authority and duty issues is important for the healthy progress of the investigation and prosecution process. Especially in blackmail cases that take place over the internet between parties in different cities, criminal lawyer support helps to manage the process correctly.
What Does a Blackmail Crime Lawyer Do?
The blackmail crime lawyer provides legal support for the preparation of a criminal complaint for the victim, collection of evidence, follow-up of the prosecution process, evaluation of protection requests, identification of the perpetrator and protection of the rights of the victim in the criminal case. If the victim submits incomplete evidence or submits a late application due to fear, pressure or embarrassment, this may reduce the effectiveness of the process. Therefore, legal support contributes to the correct and strong application.
For the suspect or defendant, the lawyer examines whether the alleged act constitutes the crime of blackmail. The aim of unfair benefit, the content of the threat, the context of the conversations, the relationship between the parties, the legality of the evidence and the issues affecting criminal liability are evaluated. The defense strategy should be planned starting from the investigation phase of the case.
The Most Common Mistakes Made in Blackmail Crime Files
Some mistakes made by victims and suspects in blackmail files can negatively affect the process. Victims sometimes delete correspondence out of fear, comply with the perpetrator's demands, or apply too late. Suspects may make incomplete or contradictory statements during the statement stage without explaining the context of the incident.
- Deleting blackmail messages,
- Sending the money requested by the perpetrator and not keeping the receipts,
- Loss of evidence due to closure of social media account,
- Incomplete description of the incident to the prosecutor's office,
- Attempting to obtain illegal evidence,
- Entering the statement stage unprepared,
- Mixing threats, blackmail and privacy crimes,
- Failure to evaluate compensation and protection methods along with the criminal process.
In order to prevent these mistakes, the incident must be evaluated from a legal perspective at an early stage. Acting in a timely manner in blackmail crime cases is of great importance in terms of preserving evidence and effective use of rights.
Frequently Asked Questions About Blackmail Crime Lawyer
What is the crime of blackmail?
The crime of blackmail is when a person abuses his right or obligation to force someone else to do or not do something that is illegal or for which he is not obliged, or to try to gain unfair advantage by threatening to reveal matters that will harm honor and reputation.
What is the penalty for blackmail?
The penalty for blackmail is imprisonment from one to three years and a judicial fine of up to five thousand days. If there are other crimes in the concrete incident, criminal liability may also come to the fore.
Is threatening with a private photo or video blackmail?
Yes. Demanding money, benefit or other behavior with the threat that private photos, videos, messages or voice recordings will be shared may constitute the crime of blackmail, depending on the nature of the incident. Additionally, other crimes such as violating privacy may also come to the fore.
What should a blackmail victim do?
The victim must take screenshots without deleting messages and evidence, keep account and payment information, obtain legal support and apply to the Chief Public Prosecutor's Office before sending money or sharing new content.
Is the crime of blackmail dependent on a complaint?
As a rule, the crime of blackmail is not subject to a complaint. Once the authorities learn of the crime, the investigation may be carried out ex officio. However, it is important for the victim to apply with his/her evidence for the effective progress of the process.
Is there mediation in the crime of blackmail?
The crime of blackmail is considered among the crimes that are not within the scope of mediation in practice. Therefore, the agreement of the parties does not mean that the file will be automatically closed.
Can blackmail messages be evidence?
Yes. WhatsApp, SMS, e-mail, social media messages, voice messages, receipts and screenshots can be considered as evidence if they are obtained in accordance with the law.
Is it mandatory to hire a lawyer in blackmail cases?
Hiring a lawyer is not mandatory in every case. However, since the crime of blackmail involves technical issues in terms of evidence, digital recording, testimony, prosecution process and criminal case, getting legal support helps prevent loss of rights.
Legal Support for Blackmail Crime
The crime of blackmail is a serious crime that directly affects the victim's private life, peace, reputation and freedom of will. For the victim, it is important to protect the evidence, prepare the criminal complaint correctly and identify the perpetrator. For the suspect or defendant, whether the alleged act really constitutes the crime of blackmail, the purpose of unfair advantage, the content of the threat and the legality of the evidence must be carefully examined.
You can get legal support from lawyer Mehmet Kurşun on blackmail crime, threat crime, violation of privacy, blackmail via social media, digital evidence, criminal investigation, victim representation and defendant defense. Correct management of the process at an early stage is important to avoid loss of rights and to effectively follow up the criminal file.
