Conditions for Threat Crimes
A threat is an act whereby a person indicates that they will attack another person’s life, physical integrity, or sexual inviolability, or the life, physical integrity, or sexual inviolability of themselves or a close relative.
What is the penalty for a simple threat offense?
A person who threatens another person on the grounds that they will attack their life, physical integrity, or sexual inviolability, or that of their close relatives, shall be punished with imprisonment for a term of six months to two years.
If the threat is made on the grounds that significant damage will be caused to property or that other harm will be caused, the perpetrator shall be punished with imprisonment of up to six months or a fine upon the victim’s complaint.
What is the penalty for aggravated threats?
If the threat is made: a) with a weapon, b) by disguising oneself, by means of an unsigned letter or special signs, c) by the joint action of more than one person, d) by taking advantage of the intimidating power of existing or presumed criminal organizations, the perpetrator shall be punished with imprisonment for a term of two to five years.
NOTE:
If the crime of intentional killing, intentional injury, or damage to property is committed for the purpose of threatening, punishment shall also be imposed for these crimes.
This article criminalizes the act of “threat” itself. As is known, threat has been envisaged as an additional element in some other crimes.
The legal value protected by this threat is the peace and tranquility of individuals; thus, the formation of a feeling of insecurity in individuals is prevented. Therefore, this article punishes attacks on a person’s inner peace and tranquility. However, the fundamental value that this threat aims to protect is a person’s freedom to make decisions and act.
Threats generally constitute an element of another crime. However, in this definition of crime, the threat itself is defined as an independent crime. In this context, the crime of threat is a general and complementary crime.
In the case of a threat, the perpetrator informs the victim of an attack or harm that will occur if their demand is not met. The subject of the threat is informing the victim that their life or physical integrity will be endangered, that a specific crime will be committed, that force will be used in general, or that any harm or injustice will be done.
The characteristic of a threat is that whether the harm occurs or not depends on the will of the person making the threat. Whether the threatened harm actually occurs or not is, in reality or at least in appearance, at the discretion of the perpetrator. However, this does not mean that the harm will necessarily be carried out by the person making the threat; a threat can also be made by stating that the harm will be carried out by a third party.
Whether the threatened harm occurs or not is irrelevant to the commission of the crime. The threat must be objectively serious in nature.
Therefore, there must be an objectively existing possibility that the threatened harm will occur if the demand is not met. If the words spoken or actions taken are not suitable, sufficient, or appropriate to create serious fear in the addressee, it cannot be argued that a threat was made. Whether the perpetrator’s words and actions are appropriate and sufficient to cause serious fear and anxiety in the addressee must be investigated separately in each specific case. An objectively serious threat does not necessarily have to have an effect on the addressee in that specific case.
Even if the perpetrator intended to threaten the victim with objectively serious words and actions, the victim may not have taken those words and actions seriously. In this case, the threat has still been made. Whether or not the threat is carried out should not depend on whether it has an effect on the addressee. The perpetrator must know that they have instilled a belief in the other party that they have the means and power to carry out the threatened attack. Once this belief has been instilled in the victim, it does not matter whether the perpetrator has the means and power to carry out the threatened attack. The victim may have been convinced that the threatened attack was serious. However, a person cannot be threatened by being told that harm could be done to them based on superstitions.
The threatened harm may be directed at a third party, not the victim. However, in this case, there must be a specific kinship or close relationship between the victim and the third party.
In a threatening situation, the person is intimidated by being told that the threatened attack will occur in the future and is coerced or forced into a certain behavior.
The definition in the first paragraph of the article distinguishes threats based on the legal value they target. Accordingly, threats made with the intent to attack the life, physical integrity, or sexual inviolability of the victim or their relatives constitute the basic form of this crime. In contrast, threats made with the intent to cause damage to the victim’s property or other harm warrant a lighter penalty than the basic form of the crime. Furthermore, the investigation and prosecution of this crime are contingent upon the victim’s complaint.
The second paragraph of the article lists aggravated forms of threats that warrant a heavier penalty. These forms are situations likely to cause serious concern regarding the seriousness and intensity of the threatening power of the threat to the victim. If the threat is carried out with a weapon, it is much easier for fear to arise regarding its seriousness. Similarly, the fear that arises when a person or group of people who have made themselves unrecognizable carry out a threat is very intense.
There is no doubt about the fear that arises when a person is threatened by an unsigned letter or special signs. For example, an unsigned letter sent to a person will constitute a serious threat because it will deprive the person of the opportunity to defend themselves.
Similarly, the use of specific symbols such as images of bloody knives in letters sent to a person can also increase fear.
It is considered appropriate to classify the threat power created by existing or presumed criminal organizations, whether secret or open, as a qualified crime because it can cause panic in individuals.
The third paragraph of the article states that if the crimes of intentional killing, intentional injury, or damage to property are committed for the purpose of intimidation, punishment shall also be imposed for these crimes. To emphasize the severity of the threat, it is also possible for the perpetrator to kill, injure, or damage the property of another person. In such cases, the rules of case law apply, and punishment is also imposed for these crimes.