Today, crimes of threat and blackmail are on the rise, particularly with the acceleration of digitalization. The Turkish Penal Code (TCK) regulates these crimes in detail to protect the peace and security of individuals. Threat involves intimidating and pressuring a person, while blackmail involves exerting pressure to obtain unjust benefits from a person.
As of 2025, the penalties for threats and blackmail crimes, complaint processes, and evidence collection methods are of great importance for both victims and defendants.
What is a Threat Crime?
Threats are crimes that directly affect individuals’ sense of security in their daily lives. The perpetrator’s aim is to intimidate the victim and exert pressure on their will. Therefore, threats can be made not only through verbal statements but also through actions. For example, displaying a weapon or making movements that resemble preparations for an attack can also be considered threats.
When assessing whether a threat has been made, courts consider the effect of the perpetrator’s words and actions on the victim. Words spoken in the heat of an argument or moment of anger do not constitute a threat. However, statements that cause the victim to feel serious fear and anxiety are considered a crime.
- TCK m.106: The crime of threat is regulated.
- A simple threat (threat of injury, death, or damage to property) is considered a crime.
- Threats become aggravated when committed with a weapon, against multiple persons, or against a public official.
What is the Crime of Blackmail?
The essence of blackmail is that the perpetrator pressures the victim to act against their will in order to gain an unjust advantage. The perpetrator forces the victim to do something they do not want to do or to refrain from doing something they have a right to do. For this reason, blackmail can have more serious consequences than threats.
One of the most common types of blackmail today is digital blackmail. Personal data obtained through social media and the internet, in particular, can be used to put victims in a difficult position. Electronic evidence is of great importance in such crimes.
- TCK m.107: The crime of blackmail is regulated.
- Threatening to disclose unlawful information about a person or their relatives also constitutes blackmail.
- Blackmail can be used not only as an economic tool but also as a means of social and psychological pressure.
Elements of Threat and Blackmail Crimes
Certain elements must be present for an act to be considered a threat or blackmail.
Elements of the Crime of Threat
- The perpetrator’s deliberate act of intimidation
- Being of a nature that could cause fear in the victim
- The illegality of the act
Elements of the Crime of Blackmail
- The perpetrator’s intent to obtain unjust enrichment
- Threat of harm to the victim
- The threat must be serious and credible from the victim’s perspective.
Complaint Process for Threat and Blackmail Crimes
The complaint process is of vital importance in terms of protecting the rights of the victim. The victim must file a complaint with the prosecutor’s office within six months after learning of the threat or blackmail directed at them. Otherwise, the right to complain is forfeited.
Providing a detailed account of the incident in the complaint letter and attaching any evidence, if available, ensures that the process moves forward quickly. In addition, the victim may request temporary protective measures during the complaint process. These measures ensure safety by preventing the perpetrator from approaching the victim.
- The complaint period is 6 months from the date the act is learned.
- A complaint form can be submitted to the prosecutor’s office or law enforcement agencies.
- The complete presentation of evidence is important for the investigation to proceed properly.
Evidence in Threat and Blackmail Crimes
The nature of evidence plays a decisive role in proving crimes of threat and blackmail. In particular, the proper collection of digital evidence affects the course of the case. Evidence obtained unlawfully may not be considered valid in court.
For this reason, victims should preserve the evidence they have in accordance with the proper procedure. For example, screenshots should be taken with the date and time information, or statements from witnesses confirming the incident should be added to the file. This way, the court will see that the incident has been substantiated with concrete evidence.
- Voice recordings (may be considered legally admissible in some cases)
- Messages, emails, social media posts
- Witness statements
- Camera recordings
- Material evidence and documents
The court evaluates the evidence to determine the perpetrator’s intent and whether a crime has been committed.
Penalties for Threat Crimes (2025)
Penalties for the crime of threat under Article 106 of the Turkish Penal Code:
- Simple threat: Imprisonment for 6 months to 2 years or a fine
- With a weapon, with multiple people, as part of an organization, or against a public official: 2 to 5 years imprisonment
- Threat to property: Imprisonment for a term of six months to two years
Penalties for Blackmail Offenses (2025)
Penalties for the crime of blackmail under Article 107 of the Turkish Penal Code:
- Basic form of blackmail: Imprisonment for 1 to 3 years and a criminal fine
- In aggravated cases (organized, armed, against a public official): Imprisonment for a term of three to five years
- Penalties may be increased if benefits are obtained.
Aggravated Threats and Blackmail
In some cases, the punishment for a crime is increased.
- Committing a crime with a weapon
- Committed against a public official
- Processing in an organized manner
- Processing through press, publication, or information technology
Threats and Blackmail in Supreme Court Decisions
The Supreme Court considers whether the victim was genuinely frightened in cases of threats and blackmail. Simple insults and everyday arguments are not considered threats.
- Example: “I’ll hurt you” is considered a simple threat.
- However, statements such as “I will kill you, I have a gun” are considered serious threats.
- In blackmail, the perpetrator’s intent to gain unjust advantage must always be sought.
Recommendations for Victims
- Immediately gather evidence in the face of threats or blackmail.
- Don’t miss the complaint deadline.
- Request a protection order when necessary.
- Get professional legal support.
Points to Consider for Defendants
- Use your right to defend yourself consciously.
- Prove that your words were not intended as a threat.
- Ensure that evidence is collected in accordance with the law.
- Proceed with the process with the help of a lawyer.
Threats and Blackmail in the Digital Environment
In the digital age, the majority of threats and blackmail crimes are committed online. It has become much easier to reach victims through social media accounts, messaging apps, and email. For this reason, digital threats are more prevalent than traditional methods.
The threat of sharing photos and videos that violate privacy, especially in private life, is one of the most common blackmail methods encountered in recent years. It is crucial for victims to seek legal recourse without delay in such threats, both to prove the crime and to prevent further victimization.
- Social media threat messages
- Blackmail using photos or videos
- Attempts to gain benefits via email
- Hacking and personal data threats
Legal Support with Atakan Ayhan Law Firm
Threat and blackmail offenses are crimes subject to serious criminal penalties. Victims must gather evidence correctly, and defendants must present their defenses in accordance with the law.
Attorney Atakan Ayhan and his team provide professional legal support to both victims and defendants in threats and blackmail cases, drawing on their experience in criminal law.
Threat and blackmail crimes are serious offenses that directly violate individuals’ right to security and peace. As of 2025, penalties for these crimes have been increased, and the importance of evidence and complaint processes has grown significantly.
It is crucial that victims do not suffer loss of rights and that defendants receive legal support to enable them to mount a proper defense. Threats and blackmail are crimes that have not only criminal but also social and psychological consequences.
