Crime of Threat (TCK Article 106): Conditional Threat and Threat with a Weapon

TCK Article 106 punishes "a person who threatens another person with the allegation that he or she will commit an attack on his or her relative's life, body or sexual immunity".

Penalties

• Art.106/1 sentence 1: Threat of attack against life, body or sexual immunity: 6 months-2 years imprisonment.
• Article 106/1 sentence 2:Threat of great damage to property or notification of other harm: Prison for up to 6 months or judicial fine.
• Art.106/2 qualified situations:
  • With a gun.
  • By making the person unrecognizable, by unsigned letter or special signs.
  • Together by more than one person
  • By taking advantage of the frightening power created by the existing or assumed criminal organization.
  → Punishment 2-5 years imprisonment.

"Conditional Threat"

The fact that the threat is conditional (for example, "I will kill you if you do not pay your debt") does not decriminalize the threat; On the contrary, it reveals the element of oppression. The Supreme Court also evaluates the conditional threat within the scope of Article 106.

"Intangible Threat" Limit

Abstract curses such as "My word is out of the parliament" or "God damn you" do not constitute the crime of threat because they do not contain a concrete promise of attack. The threat must be directed at a concrete, realizable attack.

Supreme Court 4th CD — Established Approach

4. CD requires a statement that the victim may perceive as "frightening" in the crime of threat; It adopts the evaluation of the word by taking into account the context in which it is said, its frequency, tone, and the relationship between the perpetrator and the victim. Messages, phone records, and eyewitnesses are basic proof tools.

Complaint and Ex officio Prosecution

• Article 106/1 sentence 1 (serious threat) shall be prosecuted ex officio.
• Article 106/1 sentence 2 (possession/evil) depends on complaint
• Qualified cases (Art. 106/2) are prosecuted ex officio.

Domestic and Ex-Spouse/Lover Threats

• A protection order may be requested within the framework of Law No. 6284.
• Phone records and messages are the main evidence.
• Even a single incident may be sufficient for a protection order.
• Threat + persistent pursuit (Art. 123/A) can be evaluated together.

Social Media Threats

• Open threats via Twitter/Instagram/WhatsApp constitute a crime.
• Access blocking (5651 art.9) may be requested.
• Account owner identification (platform response upon prosecutor's request).
• IP and username matching in anonymous accounts.

What the Victim Should Do