Threat and Blackmail in İzmir (TCK 106-107)

Threat and blackmail are offenses that target a person’s freedom to decide and to act. The Turkish Criminal Code regulates these two acts in separate provisions: threat in Article 106 and blackmail in Article 107. The boundary between them is not always obvious in practice, because blackmail also contains a threat — but one that has become the instrument for obtaining a benefit. This article examines the elements of threat and the seriousness test, the aggravated forms, how blackmail differs from threat, the question of evidence (particularly the limits of lawfully obtained audio recordings), the scope of mediation, the complaint period and how the process works in İzmir.

Elements of the Offense of Threat (Article 106)

Article 106 regulates threat at two levels of severity. In the first, the perpetrator threatens another person by stating that an attack will be carried out against the life, bodily integrity or sexual inviolability of that person or a relative; this form is investigated ex officio and carries a heavier sanction. In the second, the threat is made by stating that significant damage will be caused to property or that some other harm will be inflicted; this form carries a lighter sanction and is subject to a complaint. For the offense to arise it is sufficient that the statement reaches the addressee; the perpetrator need not actually intend to carry it out. What is decisive is the seriousness test: the statement must be objectively capable of creating genuine fear and anxiety in the addressee, and the harm expressed must appear feasible. Words uttered in the heat of an argument that nobody takes seriously are therefore not assessed in the same way as persistent, targeted statements that appear capable of being carried out. A threat may be committed orally, in writing, by message or through conduct. Since the protected legal interest is the person’s inner peace and freedom of decision, the statement must have reached and been perceived by the victim; words that reach no one do not constitute the offense. The fact that a threat is made conditional does not prevent the offense from arising; however, where the perpetrator’s aim in such statements is to obtain a benefit, the classification may shift towards blackmail. Under the final paragraph of Article 106, where intentional killing, intentional injury or damage to property has been committed for the purpose of the threat, a separate penalty is also imposed for those offenses.

Aggravated Forms of Threat

The second paragraph of Article 106 lists the aggravated forms of threat that carry a heavier penalty. The first is a threat committed with a weapon; the notion of a weapon is understood broadly to cover not only firearms but also cutting, piercing and similar instruments suitable for use in an attack. The second is where the perpetrator threatens while making themselves unrecognizable, by unsigned letter or through special signs; covering the face, concealing identity or sending unsigned writings fall within this scope. In practice, messages sent from anonymous or fake accounts may also be discussed under this heading depending on the circumstances. The third is a threat committed jointly by more than one person, the rationale being the increased pressure on the victim. The fourth is a threat made by exploiting the intimidating power created by existing or presumed criminal organizations; here the organization need not genuinely exist, what matters is the fear created in the victim. The presence of an aggravated form affects not only the severity of the penalty but also the nature of the process: these forms are not subject to a complaint and fall outside the scope of mediation. How the file is legally classified therefore matters from the outset, both for the defense and for the victim’s rights. In practice, the existence of an aggravated form frequently becomes contested through the classification adopted in the indictment; whether a person present during the incident actually took part in the act, or whether an object shown may be regarded as suitable for use in an attack, is a separate matter of examination. Depending on the state of the evidence, the court may reduce the conduct to the basic form or assess it within an aggravated form, which is why setting out the details of how the incident occurred accurately during the investigation is important.

Blackmail (Article 107) and How It Differs From Threat

Blackmail is regulated in Article 107 and has two forms. Under the first paragraph, a person who, by stating that they will do or refrain from doing something they are entitled or obliged to do, forces another to do or refrain from doing something unlawful or not required of them, or to provide an unjust benefit, is punished. The distinguishing feature is that the perpetrator turns a right they could lawfully exercise — for instance the possibility of filing a complaint, bringing a lawsuit or reporting information to a competent authority — into an instrument for obtaining an unjust advantage. The existence of the right does not render the act lawful; the abuse of that instrument is what makes the conduct criminal. The second paragraph covers, under the same penalty, threatening to disclose or impute matters capable of harming a person’s honor or reputation for the purpose of obtaining a benefit for oneself or another; pressure based on publishing private images, correspondence or information concerning privacy is assessed under this paragraph in practice. The essential difference from threat lies in purpose: in a threat the perpetrator aims to intimidate, whereas in blackmail intimidation is the means of obtaining a benefit or forcing the victim into particular conduct. Blackmail is not subject to a complaint and does not fall within the scope of mediation. The perpetrator need not actually obtain the benefit sought for the offense to be complete; it is sufficient that the victim is confronted with the coercive statement, while actual receipt of the benefit is separately assessed in the concrete case. Notifying someone that legal remedies will be pursued to collect a debt is not in itself blackmail; pressure that exceeds those limits, is incompatible with a legitimate purpose and is directed at obtaining an unjust advantage does fall within this scope.

Evidence: Messages, Audio Recordings, Witnesses and Call Records

Because most threat and blackmail files arise from one-to-one exchanges without witnesses, the question of evidence is decisive. Written exchanges come first: SMS, WhatsApp and similar messages should be preserved together with the date of transmission and the number, and secured at an early stage against the possibility of deletion. The second group is witness testimony; people who heard the incident directly or observed the victim immediately afterwards matter to the process. The third is call detail records obtained by a prosecutor’s or judge’s decision; these do not show the content of a conversation but the existence, timing and frequency of calls and messages, which is useful in demonstrating persistent contact. Audio recordings require care. A recording made by a person to preserve evidence at risk of being lost, concerning an offense being committed against them, in a suddenly developing situation where there was no opportunity to apply to the authorities, may be treated in practice as lawfully obtained evidence. By contrast, secretly listening to or recording conversations to which one is not a party may itself constitute an offense under Article 133, and a recording obtained in this way cannot form the basis of a judgment. How evidence was obtained is often as important as what it contains; findings obtained unlawfully cannot form the basis of a judgment under the Constitution and the Code of Criminal Procedure. Since the authenticity of digital material may also be disputed, presenting messages not merely as screenshots but in a form verifiable through the device or by expert examination is a stronger approach. In blackmail allegations, bank records, transfer receipts or documents showing meeting arrangements relating to the benefit demanded from the victim may likewise be added to the file.

Scope of Mediation and the Complaint Period

Mediation is an institution of criminal procedure regulated in Article 253 of the Code of Criminal Procedure that must be attempted in certain offenses. Forms of threat under Article 106/1 are listed among the offenses subject to mediation; accordingly, both the form concerning life and bodily integrity and the lighter form concerning property are referred to the mediation office during the investigation. If the parties reach an agreement through a mediator, the file may conclude with a decision of non-prosecution or, if proceedings have begun, with dismissal of the case. By contrast, the aggravated forms of threat in Article 106/2 and the offense of blackmail in Article 107 fall outside the scope of mediation. As to the complaint period, the distinction matters: for offenses subject to a complaint, the right must be exercised within six months of learning of the act and the perpetrator under Article 73; once that period expires the right lapses. For offenses investigated ex officio the six-month period does not apply, and a report may be filed within the statute of limitations. The consequences of withdrawing a complaint also differ between the two groups, which is why the legal classification of the file should be established from the outset. Accepting a mediation offer does not amount to an admission of the offense; the parties are entitled to refuse, and where they do, the investigation continues in the ordinary way. If, on the other hand, an agreement is reached and the undertaking is performed, the file is concluded. In files outside the scope of mediation the process moves directly to the indictment and prosecution stage; this distinction should be known from the beginning, both for redressing the victim’s loss and for the suspect’s expectations regarding trial.

The Process in İzmir and the Competent Courts

In İzmir the process begins with a complaint or criminal report filed with the İzmir Chief Public Prosecutor’s Office, or with a report to law enforcement. Attaching message transcripts, dates, numbers and witness details to the petition helps shape the investigation at an early stage. Where necessary, the prosecutor obtains call detail records, has digital material examined and takes statements from the parties and witnesses. The suspect’s statement is taken by law enforcement or the prosecutor; because statements at this stage affect the course of the file, knowing one’s rights matters. For the victim, where the threat is ongoing, requesting protective and preventive measures under Law No. 6284 may be considered as a separate avenue; such a request operates independently of the criminal investigation and rests on a decision of the family court or the administrative authority. For how detention and questioning work, see detention, questioning and prosecution processes in İzmir. Files within the scope of mediation are first referred to the mediation office; if no agreement is reached and there is sufficient suspicion, an indictment is issued and the case is filed. Threat and blackmail cases are as a rule heard before the criminal courts of first instance, which in İzmir sit at the İzmir Courthouse campus in Bayraklı. As to venue, the rule is the court of the place where the offense was committed; for acts committed by message this point is determined according to the circumstances of the case. At the end of the trial the court may render an acquittal, a conviction, a judicial fine, a suspended announcement of the verdict or a deferral of the sentence; the outcome depends on the state of the evidence and the legal classification of the act and cannot be guaranteed in advance. Where a threat is committed through social media, identifying evidence and the perpetrator follows a different path; on this, see insult and threat proceedings on social media. At every stage of criminal proceedings, our İzmir criminal lawyer page sets out the support we provide.

Frequently Asked Questions

For legal support in complaint, defense and trial processes concerning threat and blackmail offenses, contact Yücesoy Law Office via our contact page.