Istanbul Blackmail Crime Lawyer

The unlimited communication opportunities offered by technology have unfortunately paved the way for malicious individuals and organized crime networks to develop new generation crime methods. Today, it is one of the most dangerous and destructive types of crimes committed over the internet, social media (Instagram, Facebook, TikTok) and instant messaging applications (WhatsApp, Telegram, Skype). cyber blackmail is coming. Attempting to gain unfair advantage by recording images, correspondence or sensitive information about individuals' private lives without their consent, with the threat of "If you do not send money, I will disclose it to your relatives/workplace", creates irreparable psychological and financial damage to the victims.

The crime of blackmail, regulated in Article 107 of the Turkish Penal Code (TCK), affects not only the assets of individuals; It is also a criminal norm that directly protects freedom of will, honor and social respect. Blackmail disputes; It is a process that must be managed flawlessly in terms of the technical structure of the crime (detection of IP addresses, digital log analysis, tracking of money transfers), collection of evidence with zero error and tracking of legal deadlines. To eliminate the blackmailer's manipulations and activate the legal protection shield without becoming a victim of panic in this sensitive process, Istanbul blackmail crime lawyer And cyber blackmail lawyer It is possible with the high-level criminal advocacy and crisis management support of Attorney Mehmet Emin Kurşun Law Firm, which operates as.

1. TCK art. Elements of Blackmail Crime According to Article 107 and Its Difference from Threat (TCK Article 106)

Although the crime of blackmail is regulated as a special form of the crime of threat in our criminal laws, it is clearly separated from the crime of threat in terms of the protected legal value and the way the crime is committed.

• TCK art. 107/1 (Blackmail by betting that he will do what he has the right or obligation): It is the act of forcing someone to do something that is against the law or for which they are not obliged, or to obtain unfair advantage, on the grounds that the person will or will not do something that they are legally entitled to or obliged to do. For example, this includes a person demanding money from the employer by saying that he will report the theft at work (a situation he has the right to do).
• TCK art. 107/2 (Blackmail with the threat that matters that will harm honor and reputation will be disclosed): It is the threat to disclose or attribute matters that will harm a person's honor or reputation, with the aim of benefiting himself or herself or someone else. Today, almost all cyber blackmail cases are punished under this paragraph.

In the comparison table below, we summarize the structural and legal differences between the crimes of threat and blackmail that are most confused in practice:

2. Working Methods of Cyber ​​Blackmail Gangs and Emergency Action Plan

Cyber ​​extortion is a systematic criminal network usually carried out by organized cyber gangs (especially international networks originating from Ivory Coast, Morocco, Nigeria or Bulgaria). The process often begins with befriending the victim on social media through a fake female profile, then video calling via WhatsApp or Skype, and secretly recording sexually explicit images of the victim. The characteristic blackmail message arrives within seconds: "If you don't send money, I will upload this video to YouTube, send it to all your followers on Instagram, your wife and colleagues."

Does sending money to the blackmailer end the process?

The answer to this question is definitely nope. Our experience in cyber blackmail cases shows that sending the blackmailer the first amount of money he requests never completes the process. On the contrary, the moment you send money, the blackmailer realizes that you are afraid and able to pay and increases his demands exponentially. The network, which asks for 10,000 TL at first, may go so far as to ask for 50,000 TL in the following days, then take out a loan or sell the car. Sending money only feeds the blackmail cycle.

What are the immediate tactical steps to take when faced with blackmail?

1. Immediately Interrupt and Block Communication with the Blackmailer: Do not respond to the perpetrator's threats or attempt to negotiate with him. However, instead of closing your account completely, freeze it.
2. Secure All Digital Evidence: Take and back up screenshots (with time and date visible) of the messages sent by the blackmailer, voice recordings, video screenshots containing threats, and the IBAN/account information to which he requests money to be sent.
3. If You Sent Money, Keep Receipts: If you transferred money to the perpetrator's account, immediately save the bank receipts containing the recipient's name, surname and IBAN information as PDF. These data are the most powerful proof tool in identifying collaborators in Türkiye.
4. Contact the Cyber ​​Crimes Bureau and the Prosecutor's Office: Without wasting any time, an expert blackmail case lawyer Apply to the Office of the Chief Public Prosecutor under the guidance of the Chief Public Prosecutor to file a criminal complaint and initiate an investigation against the perpetrators.

3. Proof in Blackmail Cases, Digital Evidence Detection and the Supreme Court's "Secret Recording" Exception

The basis of criminal proceedings in cyber and blackmail crimes is digital evidence. Identification of the suspect; This is done through IP addresses, server log records, port numbers, HTS (search and base station signal) data and CGNAT (internet connection records). However, collecting evidence may become difficult if the perpetrator suddenly deletes his profile or uses an overseas VPN.

In a blackmail case, is the secret recording of the victim's conversations with the blackmailer accepted as legal evidence in court?

In accordance with the Code of Criminal Procedure (CMK), as a rule, audio and video recordings taken without consent are considered "unlawful evidence" and cannot be used in the trial. However According to the established and consistent jurisprudence of the Supreme Court of Appeals Criminal General Assembly and its chambers, there is a very vital exception to this rule:

• During a crime committed against the person (blackmail, threat, insult, etc.),
• In emergency situations where there is no possibility of contacting law enforcement or obtaining other evidence at that moment,
• Just to prove his innocence by presenting evidence that is at risk of being lost to the competent authorities,

secretly recorded audio, video or telephone conversation recordings It is not considered illegal evidence and is accepted as legal evidence in a criminal court.. This jurisprudence is the greatest legal guarantee in criminal proceedings for victims who are subjected to cyber blackmail and have to desperately produce evidence at that moment.

Attorney Mehmet Emin Kurşun Law Firm expert criminal lawyer istanbul staff; It coordinates with great professionalism the correspondence and secret records made with the blackmailer to be brought to the prosecutor's office file without damaging the quality of "lawful evidence" in line with the Supreme Court criteria and supported by forensic cyber examination reports.

4. Protecting the Dignity of the Victim: Confidentiality Orders and Closed Hearings

The biggest concern that blackmail victims have when applying to judicial authorities is that the private images or sensitive secrets that are the subject of blackmail will be disclosed at the court stage and heard by third parties in the courtroom. This fear causes many victims to remain silent and get crushed in the blackmail spiral.

Can the court request that blackmail case hearings be held secretly?

Yes, this is legally possible. Pursuant to Article 182 of the Criminal Procedure Code, in cases where public morality or public security absolutely requires, the court may, ex officio or upon the request of one of the parties, suspend some or all of the hearings. to be made closed (secret) can decide.

Especially in blackmail cases involving videos and photographs that violate the privacy of private life, holding hearings in camera and taking "access blocking and publication ban" decisions regarding the content of the file are the most important legal armor that protects the social prestige and honor of the victim.

5. Blackmail Investigations and Courthouse Congestion in Istanbul: Çağlayan, Kartal and Bakırköy

The increase in cyber blackmail and traditional blackmail cases throughout Istanbul has put the cyber and cyber crimes bureaus of the courthouses on alert. Quick coordination of the case and taking measures within seconds requires mastering the regional reflexes of the courthouse.

• Especially FoggyBlackmail files in European Side districts such as Beşiktaş, Mecidiyeköy, Sarıyer and Kağıthane, which are the epicenter of business and social circulation Istanbul (Çağlayan) Courthouse It is carried out by the Cyber ​​Crimes Investigation Bureau and the Criminal Courts of First Instance. Şişli blackmail lawyer And Çağlayan Courthouse blackmail case Our office, which plays an active role in the processes, can issue emergency access ban and seizure orders from the Criminal Judgeships of Peace within hours, with the advantage of its proximity to the courthouse.
• Disputes in Kadıköy, Ataşehir, Ümraniye and Üsküdar regions are Istanbul Anatolian (Kartal) Courthouse It is followed by the Informatics and General Investigation Bureaus. eagle heavy criminal blackmail We promptly establish confidentiality and protection orders that will protect the rights of victims in criminal and criminal proceedings.
• The files on the Bahçelievler, Esenyurt, Beylikdüzü and Avcılar lines are Bakırköy Courthouse is carried out by.

6. Frequently Asked Questions (FAQ)

What legal remedies can be taken urgently to prevent the blackmailer's videos and photos from spreading on the internet?

In accordance with Article 9 of Law No. 5651, persons whose personal rights or privacy of private life have been violated on the internet can apply to the Prosecutor's Office. Blocking URL-based access and removing content from publication They may request the decision. This decision made by the judge is sent to the Access Providers Association (ESB) for implementation, and the ESB is obliged to implement the decision on all internet service providers within 4 hours at the latest. Additionally, international platforms (Google, YouTube, Meta, TikTok) use their own “community guidelines and non-consensual intimate content” reporting mechanisms to ensure global deletion of content.

I sent some money to the blackmailer, but his demands never stop. Can I get back the money I sent?

Yes, it is legally possible to get these money back. Since the money sent to the blackmailer is paid based on a non-consensual and unfair act in our law, it constitutes "unjust enrichment" within the scope of the Turkish Code of Obligations. In the blackmail investigation, when the identities of the account holders (usually the ones who withdraw the money and are the branch of the cyber gang in Türkiye) are determined, a claim or enforcement action based on unjust enrichment is initiated against these people and the money is refunded. In addition, in criminal cases, the defendants are under pressure to pay back the victim's damage (money sent) to the penny in order to benefit from the "effective regret" discount within the scope of TCK 168, which increases the probability of collection at an exorbitant rate.

Can perpetrators abroad be identified and punished in cyber blackmail cases?

In cases of cyber blackmail originating from abroad, physical capture of the foreign perpetrator may take time due to the slow pace of international rogatory (legal assistance) processes. However, cyber gangs must use "rental accounts" in Turkish banks or local cryptocurrency exchange wallets in order to collect money from victims in Türkiye. In the legal process, a public lawsuit is filed against these local account holders (IBAN holders) to whom the money is sent, directly for qualified fraud and blackmail crimes. Punishing these local collaborators and blocking their accounts will paralyze the Turkish leg of the network abroad and ensure that the blackmail stops immediately.

What is the statute of limitations for blackmail? If the complaint is dropped, will the case be dismissed?

The crime of blackmail (TCK Article 107) is not among the crimes subject to complaint; It is investigated ex officio by the Public Prosecutor's Office on behalf of the public. Therefore, there is no legal "6-month complaint period" for this crime. The lawsuit has a statute of limitations 8 years A complaint can be made at any time. Most importantly, if the victim gives up his complaint out of fear during the investigation or court stage, it will not cause the criminal case to be dropped; The prosecutor's office continues to conduct the public case on its own and punish the suspect.

Can the sentence for blackmail be postponed or converted into a judicial fine?

The punishment for the basic form of blackmail crime is imprisonment from 1 to 3 years. If the defendant has no criminal record, behaves well at the hearing, and compensates for the financial damage suffered by the victim, the sentence may be reduced to less than 2 years and may be included within the scope of Suspension of Announcement of Sentencing (HAGB) or postponement of the sentence. However, if the act of blackmail is committed in an organized manner using information systems or bank accounts (TCK Article 282 and Article 220) or with more than one person, the possibility of postponing the penalties or converting them into money is completely eliminated, as the penalty rates will increase exponentially.

Blackmail crime and cyber blackmail cases; It is not just about submitting an ordinary complaint to the court, it is a multifaceted crisis management discipline in which even seconds are vital for the victim's future, career and reputation. The slightest procedural error in this process, failure to properly register evidence, or a wrong dialogue with the blackmailer can lead to a further deepening of the crisis.

Attorney Mehmet Emin Kurşun Law Firm; With its deep-rooted experience in the field of cyber crimes and criminal cases throughout Istanbul, especially in Şişli, Beşiktaş, Sarıyer, Kadıköy and Kartal, it offers a 24/7 uninterrupted, high-standard legal protection shield to its clients who are victims of blackmail, adhering to the principle of absolute confidentiality.

From compiling all necessary digital evidence (HTS, IP, CGNAT data) to digital forensic standards, to taking access blocking and content deletion decisions within 24 hours; We manage all technical and legal stages, from detecting the perpetrators' money flows and blocking the accounts of local collaborators to holding the hearings in camera, with the principle of zero error. We are always at your service with our Istanbul-based expert staff to defend your honor, future and reputation against the threats of blackmail gangs in the most effective way and to overcome this difficult process with professional armor.