Threat Crime (TCK 106)
The threat that we often face in society is almost everywhere in our daily conversations even in a sentence. However, these threatening acts and actions were considered crimes by the Turkish Penitentiary and convicted.
Threat, TCK also '' With a bet that he will commit an attack on the life, bodily or sexual immunity of another person, himself or a loved one...” It passes as.
Legal Terms of the Crime
In the act of threat, it is the notification that the person's life or bodily integrity will be endangered, that a certain act constituting a crime will be committed, that force will be used in general, or that any evil, injustice will be committed.
Threatened person, subject of threat frightened by the statement that rape will come to pass in the futureis forced to engage in a certain behavior, is forced.
The crime of threatening is a crime of danger in terms of its legal nature. Since it is a crime committed with the intention of scaring the victim, it does not matter whether the threatening word and behavior cause any other tangible harm. For example, the words, “I'm going to shoot you,” alone are enough to constitute the crime of threat. In addition, that action does not need to take place.
Legal value protected by the threat hereis the peace and tranquility of the persons, thus preventing the occurrence of a feeling of insecurity in the persons. Therefore, attacks against the peace and tranquility inherent in man with the substance in question are punished. But the main value that the threat wants to protect with this substance is one's freedom to make decisions and act.
Feature of the threatis that whether or not evil will occur depends on the will of the threater.Whether the subject of threat evil will occur is really, or at least in appearance, at the discretion of the perpetrator. But this does not mean that the evil will necessarily be carried out by the threatening person; it can also be threatened by a third party being notified that the evil will be committed.
In terms of the occurrence of the crime of threat It does not matter if the subject of the threat of evil happens or not. The threat must be objectively serious. That is, if the desired is not fulfilled, the possibility that the threatened evil will occur must be objectively present. It cannot be argued that the threat has arisen if the words uttered are conducive, adequate and inappropriate in terms of creating a serious fear in the interlocutor, the behavior carried out is favorable, adequate and appropriate in terms of creating a serious fear in the interlocutor.
It is necessary to investigate in each concrete case whether the words and actions of the perpetrator contain appropriateness and competence that would seriously cause fear and anxiety on the addressee.
It is not necessary that the threat of an objectively serious nature has an effect on the interlocutor in the concrete event. Although the perpetrator intended to threaten the victim with words and actions of an objectively serious nature, the victim may not have taken these words and behaviors seriously. In this case, the threat is realized again.
The subject of the threat may be directed at a third party, not the victim. However, in this case, a certain kinship, intimacy relationship must exist between the victim and the third person.
Perpetrator and Victim of Threat Crime
This crime does not show any characteristics from the point of view of the perpetrator. Anyone can be the perpetrator of this crime. Victim The same is true in terms of things. However It is necessary to have a specific or identifiable person. If the victim is not specific and there is a threat to the general public, the elements of TCK 106 cannot be considered to have occurred. Arranged in TCK 213, if there are conditions “Threat with the aim of creating fear and panic among the public” Crime can occur.
Another aspect is that it is not possible to commit this crime against persons who have not developed the ability to perceive from the spiritual or physical side.
But if the act committed against these persons is conducive to causing fear and distress to the relatives of these persons, it is possible to mention that the crime of threat is still constituted.
Simple Threat Crime and Punishment
In simple threat, the legislator has distinguished as follows the right to life, body integrity, sexual immunity, property, and also determines the amount of penalties in this direction;
· A person who threatens someone else with a bet that he will carry out an attack on the life, bodily or sexual immunity of another, himself or a loved one, imprisonment from six months to two years punishable by punishment.
· If the bet is threatened because it will cause great damage to his property or cause some other evil, upon the complaint of the victim, imprisonment for up to six months or a judicial fine is judged.
In addition, re' sen is authorized to investigate and prosecute crimes against the right to life, bodily integrity and sexual immunity without complaint. But in crimes of threat to his property to the complaint of the victim He left.
In the case of a threatening crime committed due to the duties of medical personnel and auxiliary medical personnel in public or private health institutions and organizations, the penalty of the crime in the law is increased by half. In addition, the imposed prison sentence cannot be postponed. (Law No. 7243 m.28)
Qualified Threat Crime and Punishment
Threat;
(a) With a gun,
The processing of the threat with a weapon facilitates the commission of the crime, as well as creates a rather intense fear on the victim. It is not necessary that the weapon be used in the process of committing a crime, but even its display is sufficient. It doesn't even matter whether this weapon is a real weapon. The main thing is the frightening effect it has on the victim. For example, the crime of threat is considered to be committed with a weapon on the part of the victim who considers a dry pistol or a toy gun to be a real pistol. The intent of the weapon is to be understood as firearms, explosives, all kinds of cutting, piercing or emitting tools made for use in attack and defense, other things actually suitable for use in attack and defense, even if not intended for attack and defense. So when you say guns, it shouldn't be just guns that come to mind.
b) By making the person unrecognisable, by unsigned letter or special signs,
It weakens the victim's ability to defend himself and makes it difficult to identify the perpetrator.Wearing a mask, wearing makeup that prevents him from being recognized, etc. are covered. Despite the change made, it does not matter if the victim recognizes himself.
In the same way, the same applies if the crime of threat is committed by unsigned letter. The agitation of the victim, who does not know who is being threatened by whom he is threatened, is not able to predict against whom and in what way he will take measures. The made-up name and signed letter are also covered.
Again, if some of the threatening crimes were committed with special signs, for example by leaving a bullet at the victim's door, a severed horse's head or marking his door with blood, the punishment was increased by predicting that a more effective fear would be created on the victim.
c) Together by more than one person,
It is a factor that increases fear on the victim if the crime is committed together by more than one person. For this reason, the law called for a heavier penalty for the crime of threatening committed with more than one person. The number of people who process the threat verb must be at least 2 or more people.
d) Taking advantage of the frightening power of existing or deemed to exist criminal organizations,
If the person who committed the crime of threatening threatens the victim using the name of an organization, the penalty is increased. The organization whose name is used can be an existing organization, as well as an imaginary organization that does not exist in reality. The nature of the organization does not matter. The organization can be religious, political or a mafia organization. Intimidation of the victim using the name of the organization is enough for the crime to occur. For example; I will eliminate you by organization x..
In case of the commission of the crime of threatening with the above-mentioned qualified circumstances, the perpetrator is sentenced to imprisonment from two years to five years.
In addition, if the crime of intentionally killing, wounding or damaging property for the purpose of threat is committed, a penalty is also imposed for these crimes.
Conciliation Provisions in Threat Crime
The basic form of the threat offense, regulated in TCK article 106/1, is in accordance with the provisions of CMK 253 between the parties pacification are crimes that require the implementation of the procedure. In the case of crimes covered by the settlement, both at the stage of investigation and prosecution, it is necessary to apply the reconciliation procedure first, and if a settlement is not reached, the investigation or trial should be continued. Only the simple version of the crime of threat is made by the legislator subject to the provisions of the settlement. Qualified threat crime is not subject to compromise.
Is the prosecution of the threat crime dependent on the complaint?
The investigation and prosecution of the crime of threats does not depend on the complaint. However, if the bet is threatened only because it will cause great damage to the Property referred to in the continuation of the first paragraph or cause any other evil, the prosecution of the offense depends on the complaint.
Threat Crimes statute of limitations is 8 years
Threat Offence and Return of Disclosure of the Provision
The withdrawal of the disclosure of the provision can also be applied in terms of the crime of threat. The victim usually does not suffer direct material damage due to the crime of threat. Therefore, the condition for the elimination of damage is not sought so that the institution of returning the explanation of the provision can be applied in respect of this crime.
Postponement of the sentence for the crime of threats or its conversion to a judicial fine
The prison sentence imposed by the criminal court for the crime of threats can be translated into a criminal fine under certain circumstances.
It is also possible to postpone the prison sentence imposed for the crime of threats.
Competent and Competent Court in the Crime of Threat
The court in charge of the crime of menacing is the Criminal Courts of Appeal. In terms of the competent court, punishmentaccording to the rules of jurisdiction enshrined in the Code of Criminal Procedure, the court where the crime was committed shall be the competent court.
Threat Crime Lawyer
It will certainly be in your favor to file a defense with a criminal lawyer, since they are crimes that are punishable by a criminal offense as they are criminal offenses. It does not matter where the lawyer who deals with threatening crime cases is or where the crime was committed. The case in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses does not make any difference. The important criterion here is that the lawyer with whom you are going to work effectively defends. That is why you do not need to search for criminal lawyer Istanbul, criminal lawyer Bakırköy, criminal lawyer Çağlayan, criminal lawyer Kartal.