THREAT, BLACKMAIL, AND COERCION CRIMES

I. INTRODUCTION

Crimes of threat, blackmail, and coercion represent severe violations of individuals' freedom and security, significantly impacting both individuals and society. These crimes often leave psychological, social, and economic damages on victims and create an atmosphere of insecurity within the community. Under the Turkish Penal Code (TPC), these crimes are regulated through various articles and are subject to criminal penalties.

Threat Crime: A threat is an act aimed at creating a frightening danger to another person. The crime of threat aims to force the victim to perform or refrain from a specific action.

Blackmail Crime: Blackmail involves attempting to unlawfully gain a benefit by threatening to disclose defamatory or damaging information about another person.

Coercion Crime: Coercion is the act of using physical force to compel another person to perform or refrain from a specific action.

These crimes can negatively affect individuals' daily lives, making them feel constantly threatened. Particularly, blackmail and threat crimes can seriously impact victims' mental health and restrict their social lives. Coercion crimes, on the other hand, directly cause physical harm, undermining victims' sense of security. The prevalence of such crimes in society threatens social peace and security.

II. THREAT CRIME

Definition and Legal Basis of Threat Crime

Threat crime involves intimidating another person to compel them to perform or refrain from a specific action. This crime is regulated under Article 106 of the Turkish Penal Code. TPC Article 106 is as follows:

TPC Article 106 - Threat Crime

(1) A person who threatens another person with an attack on their or their relative’s life, physical or sexual immunity is sentenced to imprisonment from six months to two years

(2) If the threat is made: a. With a weapon, b. By concealing one’s identity, c. By multiple persons together, d. By utilizing the frightening power of existing or presumed criminal organizations, the perpetrator is sentenced to imprisonment from two to five years.

(3) If the threat is made to cause harm other than the right to life, physical immunity, or sexual immunity, upon the complaint of the victim, the perpetrator is sentenced to imprisonment up to six months or a judicial fine.

The threat crime is a serious offense that jeopardizes individuals' freedom of will and security. For example, if someone threatens another by saying, "If you don't do what I want, I will kill you," this action constitutes the crime of threat.

Aggravating and Mitigating Circumstances in Threat Crime

Aggravating and mitigating circumstances in threat crime involve situations where the sentence is increased or decreased based on specific conditions under which the threat is made. These circumstances include:

a. Threat Made with a Weapon

If the threat crime is committed with a weapon, the sentence is increased. A weapon can be any tool capable of causing physical harm. Such threats are more severely punished as they can instill greater fear in the victim and amplify the impact of the threat. For instance, threatening someone by showing a gun and saying "I will shoot you" is considered a threat made with a weapon.

b. Concealing One’s Identity

If the threat crime is committed by concealing the perpetrator’s identity, the sentence is increased. Concealing one’s identity by covering the face or through other means can increase the victim’s fear due to the unknown source of the threat. For example, threatening someone while wearing a mask and changing one’s voice falls within this scope.

c. Committed by Multiple Persons Together

If the threat crime is committed by multiple persons together, the sentence is increased. A group of people threatening someone together exerts more pressure on the victim, heightening the seriousness of the threat. For instance, if a person is threatened by a group saying "If you don't do what we say, we will harm you," it is considered under this scope.

d. Utilizing the Frightening Power of Criminal Organizations

If the threat crime is committed by utilizing the frightening power of existing or presumed criminal organizations, the sentence is increased. The reputation and intimidating power of criminal organizations can cause greater fear in the victim, enhancing the impact of the threat. For instance, threatening someone by saying "The mafia will find and harm you" falls within this scope.

Complaint Period

The investigation and prosecution of threat crimes do not depend on the victim’s complaint. However, for threat types specified under TPC Article 106/3, the victim's complaint is required. The complaint period is six months from the date the victim learns of the threat.

III. BLACKMAIL CRIME

Definition and Legal Basis of Blackmail Crime

Blackmail crime involves attempting to unlawfully gain a benefit by threatening to disclose defamatory or damaging information about another person. This crime is regulated under Article 107 of the Turkish Penal Code. TPC Article 107 is as follows:

TPC Article 107 - Blackmail Crime

(1) A person who forces another person to perform or refrain from a legally obligated or non-obligated act, or to provide an unjust benefit, by threatening to perform or refrain from a rightful or obligated act is sentenced to imprisonment from one to three years and a judicial fine up to five thousand days.

(2) (Added: 29/6/2005 - 5377/14 art.) If the threat involves disclosing or accusing the person of matters that would damage their honor or dignity to gain a benefit for themselves or another person, the perpetrator is sentenced according to the first paragraph.

Blackmail crime is a serious offense that threatens individuals' freedom of will and dignity. For example, if someone says to another, "If you don't do what I want, I will reveal embarrassing information about you to everyone," this action constitutes blackmail.

Complaint Period

The investigation and prosecution of blackmail crimes do not depend on the victim’s complaint. The victim's complaint is not required, and the prosecution can be initiated by the public prosecutor's office ex officio.

IV. COERCION CRIME

Definition and Legal Basis of Coercion Crime

Coercion crime involves using physical force to compel another person to perform or refrain from a specific action. This crime is regulated under Article 108 of the Turkish Penal Code. TPC Article 108 is as follows:

TPC Article 108 - Coercion Crime

(1) A person who unlawfully uses force to compel another person to perform or refrain from a specific act, or to accept or change their current situation, is sentenced to imprisonment from two to five years.

(2) If the act is committed by two persons together or by showing a weapon, the sentence is doubled.

(3) If the coercion results in physical harm to the person, provisions related to intentional injury crimes are also applied.

Coercion crime is a serious offense that threatens individuals' physical integrity and freedom. For example, forcibly grabbing someone and pushing them into a car constitutes coercion.

Complaint Period

The investigation and prosecution of coercion crimes do not depend on the victim’s complaint. The victim's complaint is not required, and the prosecution can be initiated by the public prosecutor's office ex officio.

V. COMPARISON: DIFFERENCES BETWEEN THREAT, BLACKMAIL, AND COERCION CRIMES

Differences Between Threat and Blackmail Crimes

There are distinct differences between threat and blackmail crimes:

Threat Crime: A threat involves intimidating another person to compel them to perform or refrain from a specific action. Threat crimes generally involve threats of attacks on the victim’s life, physical integrity, or sexual immunity.

Blackmail Crime: Blackmail involves attempting to unlawfully gain a benefit by threatening to disclose defamatory or damaging information about another person. Blackmail crimes involve threats to disclose information that would harm the victim's honor and dignity, typically aiming for a benefit.

Differences Between Coercion and Threat and Blackmail Crimes

Coercion involves using physical force to compel another person to perform or refrain from a specific action. Coercion aims to force the victim to perform or refrain from a specific behavior using physical force.

Coercion crime differs from threat and blackmail crimes as it involves the use of physical force. In threat and blackmail, no physical force is used; instead, psychological pressure is exerted on the victim.

In threat and blackmail, the victim is under psychological pressure and compelled to perform or refrain from a specific action. In coercion crime, the victim is forced through physical means.

VI. CONCLUSION

Threat, blackmail, and coercion crimes are serious offenses that directly affect individuals' freedom of will, security, and dignity. These crimes can cause not only physical but also psychological and social harm to individuals.

During these challenging processes, the guidance of an expert lawyer plays a critical role in defending the rights of both victims and those wrongfully accused of such crimes.

For more detailed information and to develop an effective defense strategy, always consult a lawyer. Obtaining professional legal support is essential to address victimization and prevent potential loss of rights.