What is the Crime of Threat? What are the Penalties?
In this article, we aim to provide basic information in a brief and understandable manner about the crime of threat, which comes to the agenda when a person is threatened with an unjust harm to themselves or their relatives. This crime is regulated under Article 106 of the Turkish Criminal Code and aims to protect the peace and security of individuals. In this context, the most frequently asked questions in practice, such as what the crime of threat is, under what circumstances it occurs, its elements, its penalty, and the trial process, are addressed.
What is the crime of threat?
The crime of threat is the frightening of a person that their life, bodily integrity, property, or peace, or those of their relatives, will be harmed. This crime is regulated within the scope of TPC art. 106.
In which situations does the crime of threat occur?
The crime of threat particularly occurs in the following situations:
-
Explicit threatening words such as “I will kill you”
* Frightening that physical harm will be done * Saying that property will be harmed * Threatening via message, phone, or social media
For a threat to be considered a crime, it must be suitable to create a serious fear in the victim.
What are the elements of the crime of threat?
For the crime of threat to occur:
-
There must be a threat of harm
* This threat must be directed at the victim * The threat must be of a serious and frightening nature
is required.
Who can commit the crime of threat and who can be the victim?
This crime can be committed by anyone. The victim can only be real persons. For example, it is not possible (legally) to threaten an institution.
What is the penalty for the crime of threat?
According to TPC art. 106/1, the penalty for the crime of threat varies according to the nature of the crime:
- The penalty for the crime of threat is regulated as 6 months to 2 years of imprisonment in its simple form (TPC art. 106).
What are the qualified forms of the crime of threat?
The situations requiring heavier penalties for the crime are as follows:
-
Threat with a weapon
* Committed together with more than one person * The person making themselves unrecognizable * Misuse of the influence provided by public duty
In these cases, the penalty is increased.
Is the crime of threat subject to a complaint? Is mediation possible in the crime
of
threat?
The simple crime of threat is subject to a complaint. The simple crime of threat is within the scope of mediation. However, qualified threat situations are not subject to a complaint and are not within the scope of mediation.
How does the investigation and prosecution process progress in the crime of threat?
The criminal process generally consists of the following stages:
- A complaint is made to the public prosecutor’s office. 1. An investigation is started. 1. Evidence is collected. 1. An indictment is prepared. 1. A criminal case is filed. 1. The court makes a decision by conducting a trial.
How long does a lawsuit take in the crime of threat?
While the duration of the lawsuit varies according to the characteristics of the concrete case, it generally results between 6 months and 2 years in practice.
The information on this page is prepared for general awareness purposes. Since every concrete
case has different characteristics in terms of criminal law, legal evaluation may vary according
to the characteristics of the event. It is important to obtain legal support suitable for your
concrete situation in order not to experience loss of rights within the scope of the crime of
threat and to ensure that the process is carried out correctly.FREQUENTLY ASKED QUESTIONS ABOUT CRIME OF THREAT
The information on this page is prepared for general information purposes. Since the characteristics of each concrete case differ in terms of criminal law, legal evaluations may vary depending on the characteristics of the case. In order to avoid loss of rights under the scope of the crime of threat and to ensure the process is conducted correctly, it is important to obtain legal support suitable for your concrete situation.