Threat Crime – TCK Article 106
WHAT IS THE OFFENCE OF THREATENING?
Threat crime is a crime against freedom and is defined in Article 106 of the Turkish Penal Code. The notification that an unjust and unlawful harm will be inflicted on a person or his/her relatives is called a threat. The act of threatening is an act that disturbs the peace of mind and peace of mind of persons and violates the victim’s freedom of will. Therefore, the legal value protected by the offence of threatening is the peace and tranquility of persons. In addition, the offence of threatening is a crime that can be committed intentionally.
Threatening a person with the bet that he/she will commit an attack on the life, body or sexual inviolability of himself/herself or his/her relatives constitutes the simple form of the offence of threat in Article 106/1-1 sentence of the TPC and is prosecuted ex officio. Ex officio prosecution means that the prosecution of the offence does not depend on a complaint. Even if the victim of the offence does not file a complaint, the prosecutor’s office can investigate this offence ex officio.
On the other hand, the offence under Article 106/1-2 of the TPC is to threaten a person with a threat that he/she will cause a great loss in terms of his/her assets or other evil. Here, the investigation and prosecution of the offence is subject to complaint.
WHICH ACTS CAN THE OFFENCE OF THREATENING BE COMMITTED?
The act constituting the offence of threatening can be committed by means of word, writing, gesture, picture, symbol, shape, sign, communication. Today, the most common form of threat offence is committed by means of communication and social media. To give examples of some words that constitute threats from the decisions of the Court of Cassation; words such as “I will show you”, “I will hold you to account”, “you pass by our door, then you will see” constitute the offence of threat.
AGAINST WHOM CAN THE OFFENCE OF THREAT BE COMMITTED?
The victim of the offence of threat can be anyone. However, in order for Article 106 of the TPC to occur, the person to whom the threat is directed must be specific. Because the threat against the masses consisting of non-specific persons is defined as another offence and constitutes the offence of threatening with the aim of creating fear and panic among the public under Article 213 of the TPC.
The offence of threat can be directed against a person, as well as against the relatives of that person. Therefore, in the definition in the law, it is stipulated that the offence will occur if the person threatens that an attack will occur against “himself or his relatives”. For this reason, the threatening act does not only have to be directed against the person himself/herself. The offence also occurs if the person’s relatives are threatened that they will be harmed.
The most important thing is that as a result of the threat, the internal peace of the person or his/her relatives is disturbed, causing them to fall into fear and anxiety. The term “relatives” mentioned in the law should not only be understood as the spouse and relatives of the person. Because anyone who has a close relationship between them, who is a friend, friend or relative can be considered close.
WHO CAN COMMIT THE OFFENCE OF THREATENING?
Threat crime can be committed by anyone. It can be committed by a single person or by more than one person together. If the offence of threatening is committed by more than one person together, the penalty to be imposed in accordance with Article 106/2-c of the TPC is increased. In particular, if the offence of threatening is committed by a public official using the means given to him by his public office, the penalty of the offence is increased in accordance with Article 266 of the TPC.
WHAT ARE THE CIRCUMSTANCES REQUIRING THE REDUCTION OF THE PENALTY IN THE OFFENCE OF THREATENING?
The situation requiring the reduction of the penalty in the offence of threat is included in Article 106/1-c.2 of the TPC. Accordingly, threatening that the person will cause a great loss in terms of assets or other evil is regulated as a situation that requires a reduction of the penalty. In addition, the prosecution of this case is subject to complaint.
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