What Is The Threat Crime
The crime of threatening is a crime committed against freedom and is included in Article 106 of the Turkish Penal Code. it is defined in the article. A notification that an unjustified and unlawful harm will be done to him or his relatives committed against a person is called a threat. A threatening act is an act that disrupts the peace of mind and inner peace of people and violates the victim’s freedom of will. Therefore, the legal value protected by the crime of threat is the peace and tranquility of people. In addition, a threat offense is a crime that can be committed intentionally.
Threatening a person with a bet that he or she will commit an attack on his or her relative’s life, body or sexual immunity Article 106/1-1 of the TCK. the threat in the sentence forms the simple form of the crime and is officially prosecuted. The meaning of formal prosecution is that the prosecution of the crime does not depend on the complaint. Even if the victim of the crime is not a shiksyist, this crime can be investigated spontaneously by the prosecutor’s office.
In accordance with Article 106/1-2 of the TCC. if it is contained in the sentence, it is to threaten the person with a bet that it will cause great damage to his assets or do other evil. Here the investigation and prosecution of the crime depends on the complaint.
By What Acts Can The Crime Of Threatening Be Committed?
The act constituting the crime of threatening can be committed by means of words, writing, gestures, images, symbols, shapes, signs, communication. Currently, the most common form of threat crime occurs through communication and social media. For example, some words that pose a threat from Supreme Court decisions; Words such as “I’ll show you”, “I’ll ask you for an account”, ”you walk past our door, then you’ll see” constitute a threat offense.
Against Whom Can A Threat Offense Be Committed?
Anyone can become a victim of a threat crime. However, in order for Article 106 of the TCK to be formed, the person to whom the threat is directed must be specific. Because a threat to the masses consisting of non-specific people has been defined as another crime and constitutes a threat crime in order to create fear and panic among the people contained in Article 213 of the DEC.
Just as the crime of threatening can be directed at someone, it can also be directed at someone close to that person. Therefore, in the definition contained in the law, it is stipulated that the crime will occur if the person is threatened that an attack will occur against “him or her”. Therefore, the threat verb does not have to be directed only at the person of the person. A crime also occurs if a person is threatened that his relatives will also be harmed. The most important thing is that as a result of the threat, the inner peace of the person or his relatives is disturbed, causing them to fall into fear and anxiety. From the expression “relative” mentioned in the law, only the spouse of the person, his relatives should not be understood. Because everyone who has a close relationship between them, who is a friend, dec or relative, can be considered close.
By Whom Can The Crime Of Threatening Be Committed?
The crime of threatening can be committed by anyone. It can be processed by one person, as well as by more than one person together. If the crime of threatening is committed by more than one person together, the punishment to be given in accordance with Article 106/2-c of the TCK is increased. In particular, if the crime of threatening has been committed by a public official using the means provided by the public office, the punishment for the crime is increased in accordance with Article 266 of the TCK.
What Is The Situation That Requires A Reduction In Ounishment For A Threatening Crime?
Article 106/1-c of the TCK provides for the reduction of punishment in the event of a threatening offense.it is located at 2. Accordingly, the threat of betting is regulated as a situation requiring a reduction in the penalty, since the person will incur a great loss in his assets or commit other evil. In addition, the follow-up of this condition depends on the complaint.