What is the Crime of Force?
The crime of coercion is a crime committed when a person forces another individual to do something, not to do something or to engage in a certain behavior by force. This crime, which is regulated under Article 108 of the Turkish Penal Code (TPC), is a type of crime that involves physical or psychological pressure on a person’s will.
Coercion usually takes place in the form of violence, threats or the use of force and is considered an act aimed at overriding the free will of the victim. This offense is subject to serious criminal sanctions, as it can cause individual harm as well as disrupt public tranquillity.
Legal Basis of the Crime of Force
The crime of coercion, Article 108 of the Turkish Penal Code is regulated. Accordingly, the person who forces a person to do or not to do something or to act against his/her will shall be punished. This crime can be committed alone or in combination with other crimes. For example, crimes such as threats, extortion or sexual assault can be committed by using force.
The crime of coercion can be committed not only through physical violence but also through psychological pressure. Frightening, coercion or psychological pressure may be among the elements of the crime of coercion.
Penalties for the Crime of Force
According to the Turkish Penal Code, the following penalties apply to people who commit the crime of force:
- A person who forces a person to behave in a certain way by using force shall be sentenced to imprisonment from 1 year to 3 years.
- If the crime of coercion is committed against a public official, the penalty is increased.
- If another crime was committed using force (extortion, sexual assault, threats, etc.), the penalty is more severe.
As the crime of coercion is a serious offense that restricts the freedom of the victim, it is carefully considered by the courts and the sentence may vary depending on the nature of the offense.
Elements of the Crime of Force
The following elements must be present for the crime of force to occur:
- The perpetrator consciously and intentionally exerts pressure on the victim: The crime of coercion occurs only when it is committed knowingly and willfully.
- The victim is forced to do or not to do a certain act: The perpetrator must have forced the victim to act against his/her will.
- Physical or psychological coercion: The crime of force can be committed not only by physical violence but also by psychological pressure.
If these elements are detected, criminal proceedings are initiated against the perpetrator and the necessary sanctions are imposed by the court.
Investigation and Trial Process in the Crime of Force
When the crime of force is committed, the victim or the victim’s relatives are required to follow legal proceedings. The proceedings consist of the following stages:
- Complaint and Application: When a victim is subjected to a crime of coercion, he/she can file a criminal complaint with the police or the prosecutor’s office.
- Prosecution Investigation: The prosecutor’s office collects evidence that a crime has been committed and initiates the investigation.
- Court Process: If the court evaluates the actions of the defendant and concludes that a crime has been committed, it initiates the criminal process.
- Judgment and Criminal Sanctions: Depending on the nature of the case, the court may impose a prison sentence or additional sanctions on the perpetrator.
Statute of Limitations for the Crime of Force
According to the Turkish Penal Code, the statute of limitations for filing a criminal complaint is 8 years. If a criminal complaint is not filed within this period, the statute of limitations is considered to have expired and the right to file a lawsuit disappears.
However, the statute of limitations may be longer if the offense is of a serious nature or if the victim has suffered serious harm as a result of the coercion.
Aggravating Circumstances of the Crime of Force
Certain circumstances may lead to an increase in the penalty for the crime of coercion. The following situations are considered by the courts as aggravating circumstances:
- Use of force against a public official (e.g. resisting a police officer or directing a public official to perform an act by force)
- Committing a crime of force by using a weapon
- The crime of force committed by more than one person
- Permanent physical or psychological harm to the victim
In such cases, the penalty may be imposed at the upper limit rather than the lower limit.
Precautions against the Crime of Force
Individuals and society need to raise awareness in order to be protected against the crimes of coercion. The following measures can be taken in the fight against coercion:
- To take immediate legal action when subjected to physical and psychological pressure
- Requesting support from public authorities and law enforcement agencies
- Reporting to the competent authorities if you are under threat or pressure
- Having knowledge about legal processes and consulting a lawyer
Since the crime of coercion is a crime that directly threatens the freedom of the individual, it is important to seek legal assistance as soon as possible when such incidents occur.
The crime of coercion is a crime aimed at forcibly directing the will of an individual and is regulated with severe sanctions in the Turkish Penal Code. This crime is taken seriously legally as it restricts the physical and psychological freedom of the victim.
It is of utmost importance for those who face the crime of coercion to take legal action and collect evidence as soon as possible. If you believe that you have been subjected to a crime of coercion, it is recommended that you seek legal counseling to defend your rights.
