The Offence of Threat in Turkey: Penalty and the Complaint Process (TCK Article 106)

The offence of threat is committed by informing a person that harm will be inflicted on their life, bodily integrity, or sexual inviolability, or that of a relative; the means used and the nature of the threat determine the severity of the penalty.

Elements of the Offence

Under Article 106 of Turkish Criminal Code No. 5237 (TCK), informing a person that an attack will be made on their life, bodily integrity, or sexual inviolability, or that of a relative, constitutes the offence of threat; it is important for the offence to be constituted that the threat relates to a serious harm that is genuinely capable of occurring.

Penalty for the Basic Form

Under Article 106/1 of the TCK, informing a person that they will suffer a major financial loss or some other harm is punishable by six months to two years' imprisonment; informing a person that an attack will be made on their life, bodily integrity, or sexual inviolability is also punishable by six months to two years' imprisonment, and this form is not subject to a complaint requirement.

Aggravated Forms

Under Article 106/2 of the TCK, where the threat is made using a weapon, by disguising the perpetrator's identity, through an unsigned letter or special signs, by more than one person acting together, or by exploiting the intimidating power of an existing or presumed criminal organisation, the penalty is applied as two to five years' imprisonment.

Proving the Offence of Threat

A threat can be proven by any type of evidence; in written or digital threats, message content, screenshots, and communication records carry strong evidentiary weight. In verbal threats, statements from witnesses to the event and the victim's consistent account play a decisive role; in some cases, audio recordings of spontaneous events may also be accepted as evidence.

Complaint Deadline

Threats directed at property are subject to a complaint requirement, and the complaint period is six months from learning of the act and the perpetrator; threats directed at life, bodily integrity, or sexual inviolability are not subject to a complaint requirement and are investigated by the prosecutor's office of its own motion. The general limitation period for prosecution of the offence is eight years.

Practical Recommendations

If you are subjected to a threat, immediately back up and do not delete evidence such as messages, emails, or audio recordings; if the threat is one subject to a complaint requirement, submit your application before the six-month period expires.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.