The crime of threat is a serious criminal law issue that targets a person's peace, security and freedom of decision. Making a person fear that there will be an unjust attack on him or his relatives may be evaluated within the scope of the crime of threat, depending on the concrete incident.
Allegations of threatening crimes in Istanbul; It frequently comes to the fore due to family disputes, business relations, neighborhood problems, social media messages and commercial disputes. For this reason, it is important to manage the legal process correctly for both the victim and the suspect.
If there is an insult along with a threat, defamation case lawyer The content titled may also attract your attention.
What is Threat Crime?
The crime of threat is the intimidation of a person that harm will be done to his or her relative's life, physical integrity, sexual immunity, property or any other right. According to TCK Article 106, this crime aims to protect the person's inner peace and freedom of will.
Not every harsh word or argument constitutes a threat. Whether the words spoken are serious, frightening and likely to cause concern for the victim is evaluated based on the entire incident.
In which law is the crime of threat regulated?
The crime of threat is regulated in Article 106 of the Turkish Penal Code No. 5237. According to this article, the threat of attack against a person's life, body or sexual immunity is evaluated more seriously.
Threats to cause great damage to property or to do other evil may be investigated upon the complaint of the victim. This distinction is important in terms of complaint duration and investigation process.
What are the Elements of Threat Crime?
In order for the crime of threat to occur, the victim must encounter a word, behavior, message or sign that is conducive to intimidation. The threat does not have to be directed directly at the victim; Threats to the victim's relative may also be within the scope of the crime.
The threat does not necessarily have to happen. What is important is that the threat is of such a nature that it can create serious fear or anxiety in the victim.
| Element | Explanation |
|---|---|
| Threatening words or behavior | The victim should be given the impression that harm will be done. |
| Seriousness | Words or actions must be capable of intimidating. |
| The victim is identifiable | It must be understood to whom the threat is directed. |
| illegality | The threat must not be within the scope of the exercise of a legitimate right. |
| Caste | The perpetrator must have the will to scare the victim. |
Which Words Are Considered Threats?
Directing statements such as "I will harm you", "I will do harm to your family", "I will raid your workplace" to a person may constitute the crime of threat, depending on the concrete incident. The threat does not have to be made in clear words; The crime of threat may also come to the fore through insinuation, sign or behavior.
However, not every harsh statement made during a daily discussion is considered a threat. The court evaluates together the environment in which the words were uttered, the relationship between the parties, and the perception of the feasibility of the threat.
Difference Between Simple Threat and Qualified Threat
Simple threats are basic threat situations evaluated within the scope of TCK Article 106/1. The threat of attack on the life, body or sexual immunity of the victim and the threat of damage to property are examined in this context.
A qualified threat is the presence of aggravating circumstances listed in TCK Article 106/2. Threatening with a gun, making oneself unrecognizable, unsigned letters, special signs, using more than one person or using the power of an organization can constitute a qualified situation.
Crime of Threat with a Weapon
Threatening with a gun causes the threat to become more frightening and oppressive. For this reason, it is considered a qualified threat within the scope of TCK Article 106/2.
Using the weapon, showing it or displaying it in a way that strengthens the threat may change the nature of the file.
Threat via Message or WhatsApp
Threats made via WhatsApp, SMS, e-mail or social media messages can also constitute a crime. The content of the messages, the date they were sent, the sender and the integrity of the conversation are important in terms of evidence.
In such files, messages should not be deleted, screenshots should be kept and, if possible, digital detection should be made.
Threat on Social Media
Threatening comments and posts made on Instagram, X, Facebook, TikTok or similar platforms may be subject to criminal investigation. If the sharing is made public, the detection of evidence becomes an issue that requires faster action.
Social media content can be deleted in a short time. For this reason, evidence should be protected with URL, date-time information, username, screenshot and, if possible, notary identification.
Domestic Threats and Protection Measures
Threats directed at a spouse, ex-spouse, children or relatives within the family are important not only in terms of criminal investigation but also in terms of protection measures. If there is a risk of violence, a restraining order and protection order may be requested within the scope of Law No. 6284. In such cases, the safety of the victim is a priority.
Is the Crime of Threat Dependent on a Complaint?
Whether the crime of threat is based on a complaint or not varies depending on the type of threat. In case of threats of great damage to property or other evil, the victim's complaint may be sought.
In cases of threats to life, bodily immunity or sexual immunity, the process may be evaluated differently. For this reason, the file must be examined based on the concrete incident without missing the complaint period.
Complaint Period for Threat Crime
In cases of threat based on a complaint, the complaint period begins as soon as the victim learns about the act and the perpetrator. Missing the deadline may result in serious loss of right to investigation.
Therefore, if there is a threatening message, voice recording, social media post or witness statement, the evidence should be protected and legal support should be obtained without delay.
Is There Reconciliation in Threat Crime?
Some threatening crimes within the scope of TCK Article 106/1 may be subject to mediation. If an agreement is reached between the victim and the suspect during the mediation process, the file may be concluded without filing a lawsuit.
However, the mediation process may vary depending on the qualified threat, the threat committed together with other crimes, or the situation of the victim. Therefore, each file should be evaluated on its own terms.
What evidence is used in a threat case?
The crime of threat is often proven with verbal, written or digital evidence. Not only the victim's claim, but also the evidence supporting this claim is important.
| Type of Evidence | Area of Use |
|---|---|
| WhatsApp and SMS records | In proof of written threats |
| Social media screenshots | Comment, message and sharing threats |
| Witness statements | Threats in person or over the phone |
| sound recordings | Legality conditions should be evaluated separately |
| camera recordings | In workplaces, apartments or public areas |
| Notary or expert determination | At risk of losing digital content |
| Call records | As supporting evidence in allegations of telephone threats |
It is important that evidence is obtained in accordance with the law. Illegal evidence may not have the expected impact on the file.
Is a Voice Recording Considered as Evidence in a Threat Crime?
Whether voice recordings can be used as evidence depends on how the recording was obtained. Records obtained illegally may cause problems in criminal proceedings.
However, if the person does not have the opportunity to obtain evidence in any other way in the face of a sudden threat against him/her, the situation may be evaluated separately. For this reason, files containing voice recordings should not be acted upon without legal review.
What Should the Victim Do in a Threat Crime?
The victim must first keep the threatening evidence without deleting it. If there are messages, social media posts, witness information, camera recordings or call records, these should be collected regularly.
A criminal complaint can then be filed with the Chief Public Prosecutor's Office. The issue of criminal complaint petition is also important in order to prepare the complaint petition clearly and supported by evidence.
What Should a Person Who is Allegedly Threatened Do?
The person facing the allegation of threat should evaluate the scope of the file and the evidence before giving a statement. Whether the words spoken actually constitute a threat should be examined according to the context of the incident.
Sometimes, an argument between the parties, a debt-paying relationship or a domestic dispute can be brought to the criminal process with the allegation of threat. For this reason, the defense strategy should be prepared according to the concrete event.
Difference Between the Crime of Threat and the Crime of Insult
The crime of insult covers words and behaviors that attack a person's honor, dignity and respect. The crime of threat is aimed at the victim's fear that he will suffer harm in the future.
Both insult and threat crimes may have been committed together in the same incident. For example, if insulting words are said to a person and it is stated that he/she will be harmed, the two crimes can be evaluated together.
Difference Between Threat Crime and Blackmail
In the crime of threat, the victim is intimidated. In blackmail, a person can be put under pressure to gain unfair advantage by being forced to do or not do a certain thing.
For example, statements such as "If you do not give me money, I will reveal your private information" may bring up the crime of blackmail, depending on the concrete case. In this situation blackmail crime and punishment Its content may also attract your attention.
How Does the Criminal Case Proceed in the Crime of Threat?
The process is usually initiated by the Chief Public Prosecutor's Office upon complaint or notice. The prosecutor's office takes the statements of the parties, collects evidence and may issue an indictment if there is sufficient suspicion.
Once the indictment is accepted, a criminal case is opened. The court evaluates the evidence and decides whether the threat constitutes a crime.
Can Non-Pecuniary Damages Be Requested Due to Threatening Crime?
If the threatening act constitutes an attack on the personal rights of the victim, a claim for non-pecuniary damages may be raised. Criminal cases and compensation cases are different legal processes.
The victim may request that the fear, anxiety and moral damage he experienced due to the threat be eliminated.
Threat Crime Cases in Istanbul
Threat crime files in Istanbul; It is frequently seen due to business relationships, divorce processes, neighborhood disputes, social media discussions and commercial disputes. The courthouse where the file will be heard may vary depending on the crime scene, the addresses of the parties and the authority of the investigation authority.
The process may proceed in different courthouses for the European Side of Istanbul and the Anatolian Side of Istanbul. For this reason, the authorization, evidence and application stages must be planned correctly.
Legal Support from Attorney Mehmet Emin Kurşun
Getting legal support in cases filed due to threats is important for both the victim and the suspect. For the victim, evidence must be preserved, a complaint petition must be prepared, and protective measures must be evaluated.
Attorney Mehmet Emin Kurşun provides legal support in cases of threats, insults, blackmail, stalking and domestic violence in Istanbul. In this process Istanbul criminal lawyer Getting support can reduce the risk of loss of rights.
Things to Know Before Starting the Legal Process
In order to manage the process correctly in the allegation of a threat crime, the evidence must be protected, the complaint period must not be missed, and the legal nature of the incident must be determined correctly. Action should be taken quickly, especially in case digital evidence is deleted.
Even if there is an allegation of threats against you, it is important to evaluate the scope of the file before giving a statement. Since every word, message or behavior in a threat crime is examined within its own context, professional legal support may affect the outcome of the process.
Frequently Asked Questions
What is the crime of threat?
Threat crime is a crime committed with words, behavior or messages that may create fear and anxiety that an unjust evil will be committed against a person or his/her relative.
In which law is the crime of threat regulated?
The crime of threat is regulated in Article 106 of the Turkish Penal Code No. 5237.
Is threatening via text a crime?
Yes. Threats made via WhatsApp, SMS, e-mail or social media messages can be evaluated within the scope of TCK Article 106.
Is sharing threats on social media a crime?
Yes. Threatening comments, messages or posts made on social media may constitute a crime. In this case, screenshots, links and user information are important as evidence.
Is the crime of threat dependent on the complaint?
Whether the crime of threat is based on a complaint or not varies depending on the type of threat. Complaints may be sought regarding threats against property or other evil.
Is there mediation in the crime of threat?
Some threatening crimes within the scope of TCK Article 106/1 may be subject to mediation. However, qualified circumstances and the characteristics of the file should be evaluated separately.
Is the punishment more severe for threatening with a gun?
Yes. A threat with a weapon is considered a qualified threat within the scope of TCK Article 106/2 and may be subject to more severe sanctions.
Are witnesses required in a threat case?
Witnesses are not mandatory in every case. If there is written or digital evidence, the process can proceed without witnesses. However, witness statements may be important in verbal threats.
Can a protection order be taken due to threat?
In cases where there is a risk of domestic threat or violence, protection and removal measures may be requested within the scope of Law No. 6284.
Why is threat crime lawyer support important in Istanbul?
Courthouse density, digital evidence examination and authority evaluation are important in criminal files in Istanbul. For this reason, getting legal support in the threat crime file can help the process to be carried out more accurately.
