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MATERIAL ELEMENT OF THE CRIMINAL THREAT
The subject and the victim of the threatening crime are the person whose freedom, inner peace and tranquility is disturbed, and the relatives of that person. This crime is committed by informing the victim that an evil will be committed in the future. This evil may be directed against the life, body or sexual immunity of the victim or the victim’s relative, as well as their property.
Since the crime of threat is a crime of danger, it is not important whether the evil mentioned by the perpetrator occurs or not. However, the act must be frightening and cause anxiety in the victim, otherwise there will be an attempted crime.
THE SPIRITUAL ELEMENT OF THE THREAT CRIME
The crime of threatening is a crime that can be committed intentionally and can be committed against the face of the victim as well as in absentia. In order for a threat in absentia to be mentioned, the perpetrator must have at least a possible intention to convey the threat to the victim.
LEGAL DEFENSE
In case the threatening crime is committed in order to prevent an attack that has taken place or is certain to occur, this act can be considered within the scope of legitimate defense.
CAN I BE SEEN TO PRISON IF I COMMIT A THREATENING CRIME?
Anyone who threatens another person with the threat of an attack on her or her relative’s life, physical or sexual immunity is punished with imprisonment from six months to two years.
WHAT ARE THE REASONS INCREASING THE PENALTY FOR THREAT CRIME?
Committing the threatening crime on the basis that it will cause great damage to its assets is a less punishable situation and its penalty is imprisonment for up to six months or a judicial fine. The crimes that are committed by more than one person, that it is committed with anonymous letters or special signs, that the person is committed with a weapon by making himself unrecognizable constitute the forms of the crime that require more punishment. If this crime is committed by taking advantage of the intimidating power of an existing or presumed criminal organization, it is also a situation that requires more punishment, and in such cases, the perpetrator is sentenced to imprisonment from two to five years. According to the Court of Cassation, committing the crime under a pseudonym is also one of the cases requiring more punishment.
IS THREAT CRIME SUBJECT TO COMPLAINT?
The state of the threatening crime, which is directed only to the property or contains other evil, is subject to complaint. The victim should use the right to complain within 6 months from the date of learning about the threat and the threatening person, and within the statute of limitations at the latest. Other cases of threatening crime are not subject to complaint and in terms of these cases, the right to complain can be used at any time during the statute of limitations, and the crime can be investigated at any time during the statute of limitations.
In case of committing the crime of willfully killing, deliberately injuring or damaging the property with the aim of threatening, additional punishment is given for these crimes.
Stj. Av. Rumeysa Özge Uzkan
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