Blackmail (TCK Article 107): "Not Disclosing the Crime in Exchange for a Debt"

TCK Article 107 punishes with blackmail "a person who forces a person to obtain an unfair advantage for himself or someone else, or to do or not to do something, with the promise that he will do or not do something that he has the right or obligation to do, or that he will commit an act that may or may not constitute a crime for himself or his relatives."

Elements of Crime

• Unfair advantage: Money, goods, services or other advantage.
• Threat/means of pressure: Promise to do/not do an action that one has/does not have the right to do/not do.
• Pressure on the will of the victim:Forcing him/her into a behavior he/she does not want

Penalties

• Art.107/1 (basic case): 1-3 years imprisonment + judicial fine up to 5,000 days.
• Art.107/2 (qualified case): Committing by taking advantage of the risk of exposing oneself: 3-7 years imprisonment + fine up to 5,000 days.

"Danger of Exposure" — Modern Blackmail

Art.107/2 is the most common form of blackmail in the digital age:

• Threat of sharing intimate photos/videos (revenge porn).
• Threat of dissemination of private messages.
• Threat of tarnishing reputation on social media.
• Threat of revealing business relationship secrets
• Secrets about family history.

Supreme Court 5th CD — Established Approach

5. CD accepts that "gaining unfair advantage" in the crime of blackmail can be a concrete benefit (money, goods) or a non-material benefit (for example, forcing to continue the relationship). It is enough for the victim's will to be shaped by pressure; It is not mandatory that the benefit has been obtained.

Social Media — Practical Anatomy