Ataşehir Criminal Lawyer - Blackmail Offence
The offence of blackmail is one of the offences specifically regulated under the Turkish Criminal Code and directed against an individual's freedom of will. Blackmail may arise where an offender uses a right they possess or an obligation they are required to perform as a means of pressure to compel the victim to engage in a particular act, or attempts to obtain a benefit for themselves or another person by threatening to disclose matters capable of damaging the victim's honour or reputation.
The offence of blackmail is regulated in two different forms under Article 107 of the Turkish Criminal Code. In the first situation, the offender states that they will or will not exercise a right or perform an obligation and uses this to compel the victim to perform or refrain from an unlawful act or an act that the victim is not legally obliged to perform, or to provide an unjust benefit. In the second situation, a threat to disclose or allege matters capable of damaging a person's honour or reputation is used for the purpose of obtaining a benefit for the offender or another person.
It is important to correctly distinguish blackmail from other offences such as threat, robbery, extortion by a public official and violation of privacy. Therefore, in legal assessments conducted within the scope of an Ataşehir criminal lawyer, Istanbul criminal lawyer, Ümraniye criminal lawyer, Üsküdar criminal lawyer, Çekmeköy criminal lawyer or serious crimes lawyer, the manner in which the incident occurred, the offender's purpose, the nature of the pressure used and the benefit sought must be examined together.
What Is the Offence of Blackmail?
The offence of blackmail is regulated under Article 107 of the Turkish Criminal Code.
The first form criminalises a person's use of something they have the right or obligation to do or refrain from doing in order to compel another person to perform or refrain from an unlawful act or an act that person is not obliged to perform, or to provide an unjust benefit.
The second paragraph regulates as blackmail a threat to disclose or allege matters capable of damaging another person's honour or reputation where the threat is made for the purpose of obtaining a benefit for the offender or another person.
Accordingly, blackmail does not have only one form of commission.
What Are the Elements of the Offence of Blackmail?
The elements of blackmail may differ depending on which paragraph of Article 107 applies.
Under the first paragraph, the offender uses a right they possess or an obligation they are required to perform as a means of pressure against the victim. This pressure must be used to compel the victim to perform or refrain from an unlawful act or an act that the victim is not obliged to perform, or to provide an unjust benefit to the offender.
Under the second paragraph, there must be a threat to disclose a matter capable of damaging the victim's honour or reputation or to allege such a matter against the victim. In addition, the offender must act for the purpose of obtaining a benefit for themselves or another person.
Is Blackmail a Special Form of the Offence of Threat?
The submitted source characterises blackmail as a special form of the offence of threat. Both offences may involve interference with the victim's freedom of will. However, Article 107 establishes specific requirements concerning the nature of the pressure used and the offender's purpose.
Therefore, not every threatening act constitutes blackmail.
The words used in the particular incident, the result sought by the offender and what was demanded from the victim must be assessed together.
Can Saying That a Legal Right Will Be Exercised Constitute Blackmail?
Under certain conditions, yes.
Merely stating that a person will exercise a right they legally possess does not in itself constitute blackmail. However, where that right is used as a means of pressure to compel the victim to engage in unlawful conduct or conduct they are not obliged to perform, or to obtain an unjust benefit, blackmail under Article 107/1 may arise.
The source provides the example of demanding money from the management of a factory in exchange for not reporting the factory for discharging waste into the environment. Although reporting the factory to the competent authorities is a person's legal right, attempting to obtain a financial benefit by threatening to exercise that right may constitute blackmail.
Does Every Demand for a Benefit Constitute Blackmail?
No.
Whether a demand constitutes blackmail must be assessed by considering the legal nature of the demand and the means by which it was made.
The source states that where a person who has been injured by another requests money in return for agreeing not to file a complaint, such a demand is lawful and therefore does not constitute blackmail.
Accordingly, the mere fact that a benefit has been requested is not sufficient. The method of pressure used and the legal circumstances in which the benefit was demanded are important.
Does Similar Conduct by a Public Official Constitute Blackmail?
The source states that where a person attempting to obtain a benefit by using their rights and authority as a means of coercion is a public official, the conduct constitutes the offence of extortion by a public official.
The status of the offender may therefore affect the legal classification of the offence.
In particular, where powers arising from public office are used to obtain a benefit from another person, the distinction between blackmail and extortion by a public official must be carefully examined.
Can a Journalist's Threat to Publish a Story Constitute Blackmail?
The submitted source provides an explanatory example involving a journalist.
It states that where a journalist tells a publicly known person that allegations of corruption concerning that person will be published unless money or another benefit is provided, the conduct may constitute blackmail. The reason is that although reporting news is part of the journalist's professional function, that function and authority are being used as a means of pressure to obtain an unjust benefit from the victim.
This example demonstrates the importance of the purpose for which otherwise lawful conduct is used when assessing blackmail.
What Do “Unjust Advantage” and “Benefit” Mean in Blackmail?
The advantage or benefit sought in blackmail is not limited to money.
The submitted source states that the concepts of “advantage” in Article 107/1 and “benefit” in the second paragraph may include interests other than economic assets such as money, gold, goods or promissory notes. Sexual relations, withdrawal of a complaint or obtaining employment are among the examples identified in the source.
Therefore, the offender does not necessarily have to demand money for blackmail to arise.
What Is the Difference Between Blackmail and Threat?
Blackmail and threat may appear very similar in certain cases.
However, for blackmail to arise, the specific elements prescribed under Article 107 must be satisfied. The mere existence of threatening conduct does not automatically transform the act into blackmail.
In a Court of Cassation decision cited in the source, the defendant asked the victim to withdraw a complaint and indicated that otherwise negative consequences would follow. The court concluded that a threat directed against bodily integrity was not an “act that the offender had the right to perform” and that the conduct should therefore be assessed as threat rather than blackmail.
Accordingly, the difference between blackmail and threat is determined particularly by the nature of the pressure and the offender's purpose.
Is Threatening to Publish Private Images Always Blackmail?
No.
The existence of a threat to publish private images may not, by itself, be sufficient to establish blackmail under Article 107/2. The offender must also act for the purpose of obtaining a benefit for themselves or another person.
In a decision of the 12th Criminal Chamber of the Court of Cassation cited in the source, the legal elements of blackmail were considered not to have arisen where a person stated that private images belonging to the victim would be published online and sent to the victim's relatives but there was no indication that the offender was acting to obtain a benefit for themselves or another person.
The content of messages or other communications, the offender's demand and the offender's purpose are therefore important in each particular case.
Blackmail Through Information Damaging Honour and Reputation
Under Article 107/2, an offender may use a matter capable of damaging the victim's honour or reputation in society as a means of pressure.
Moreover, as stated in the source, the alleged matter does not necessarily have to be true. Threatening to make an allegation as though a damaging matter existed, even where it does not actually exist, may also constitute blackmail.
Whether the matter threatened to be disclosed or alleged is capable of damaging honour and reputation must be separately assessed in each case according to objective criteria.
What Is the Difference Between Blackmail and Robbery?
The nature of the threat used in blackmail may determine whether the conduct should instead be classified as another offence.
The submitted source states that the threat involved in blackmail is directed at honour and dignity, whereas where an unjust benefit is sought by threatening the victim's life or bodily integrity, the offence of robbery rather than blackmail may arise.
Accordingly, pressure such as “give me money or I will disclose your private images” is not assessed in the same manner under criminal law as “give me money or I will physically harm you.”
Can Blackmail Be Committed Using Information About the Victim's Relatives?
Yes.
The matter threatened to be disclosed or alleged for the purposes of blackmail does not necessarily have to relate directly to the victim.
The source states that the relevant information may concern the victim personally or a person close to the victim.
Accordingly, using information about a spouse, family member or another close person as a means of pressure against the victim may also be relevant to the assessment of blackmail depending on the circumstances.
Blackmail Using Private Photographs and Videos
One contemporary form of blackmail involves demanding a particular benefit from a victim by threatening to disclose photographs, videos or other content relating to the victim's private life.
The submitted source states that where an offender uses documents or images relating to private life for the purpose of blackmail, the offence of violation of privacy may arise in addition to blackmail.
It is therefore possible for a single incident to require legal assessment under more than one criminal offence.
Must the Requested Benefit Actually Be Obtained for Blackmail to Be Completed?
No.
The submitted source describes blackmail as an offence of danger and states that the result sought by the offender does not have to occur for the offence to be completed.
In other words, the victim's refusal to pay the requested money or perform the demanded act does not by itself mean that the offence has not occurred. According to the source, failure to obtain the benefit does not prevent completion of the offence and does not leave the act at the attempt stage.
This is important when determining the point at which the offence is completed.
Can Attempting to Make a Person Withdraw a Complaint Constitute Blackmail?
Depending on the circumstances, yes.
In a decision of the 4th Criminal Chamber of the Court of Cassation included in the source, it was stated that where the defendant allegedly threatened to disclose matters capable of damaging the victim's honour and reputation in order to prevent the victim from filing a complaint, the court should consider whether the conduct constituted blackmail under Article 107/2.
Accordingly, threatening to disclose reputation-damaging information in order to cause a victim to abandon the exercise of their right to complain may fall within the scope of blackmail.
Does Blackmail Arise Where There Is No Purpose of Obtaining a Benefit?
For Article 107/2, the purpose of obtaining a benefit is important.
In a Court of Cassation decision cited in the source, the defendant stated that CDs belonging to the victim's spouse would be shown to others. Because there was no evidence demonstrating that the defendant acted to obtain a benefit for themselves or another person, the relevant element of blackmail was considered absent.
Therefore, particularly under the second paragraph, the offender's purpose and what the offender seeks to obtain from the victim must be carefully examined.
What Is the Penalty for Blackmail?
According to Article 107 as reproduced in the submitted source, blackmail under the first paragraph is punishable by imprisonment from one to three years and a judicial fine of up to five thousand days.
For the form of blackmail regulated under the second paragraph, involving a threat to disclose or allege matters capable of damaging a person's honour or reputation for the purpose of obtaining a benefit, the penalty prescribed under the first paragraph also applies.
The specific sentence to be imposed in an individual case is determined during the proceedings according to the circumstances.
Is Blackmail Subject to a Complaint?
No.
The submitted source expressly states that neither form of blackmail is subject to a complaint. Accordingly, investigation and prosecution may continue ex officio even where the victim does not make a complaint.
The absence of a complaint does not, by itself, prevent a criminal investigation concerning blackmail.
Does Withdrawal of the Complaint Terminate a Blackmail Case?
No.
Because prosecution of blackmail is not dependent upon a complaint, the victim's subsequent withdrawal of the complaint does not automatically terminate the criminal proceedings.
The source states that even where the victim withdraws the complaint, proceedings will continue as a public prosecution.
This is an important distinction between blackmail and offences that are prosecuted only upon complaint.
Is Blackmail Subject to Reconciliation?
According to the submitted source, blackmail is not within the scope of reconciliation.
Therefore, it should not be assumed that a criminal investigation concerning blackmail can be terminated solely through reconciliation between the parties.
What Is the Limitation Period for Blackmail?
The submitted source states that the ordinary limitation period for prosecution of blackmail is 8 years.
Calculation of the limitation period must be assessed separately by considering the circumstances, the date of the alleged offence and any legal circumstances affecting interruption or suspension of the period.
Which Court Has Jurisdiction Over Blackmail?
According to the submitted source, the criminal court of first instance has subject-matter jurisdiction over both forms of blackmail regulated under Article 107.
Territorial jurisdiction must separately be determined according to the manner in which the incident occurred and the applicable criminal procedure rules.
What Evidence Can Be Used in a Blackmail Case?
Different forms of evidence may be used depending on the nature of the alleged blackmail.
The submitted source states that there is no special restriction concerning evidence for proving blackmail and that the general principles of evidence applicable in criminal proceedings also apply. Documents, letters, messages and witness statements are identified as examples of evidence that may be used.
Particularly in allegations of blackmail committed through digital channels, messages and other communication records may become important in assessing the incident.
What Are Examples of Blackmail?
Blackmail may be committed in many different ways.
The submitted source identifies as examples the use of nude or inappropriate photographs and videos belonging to the victim as a means of pressure; the use by a company employee of humiliating information concerning a superior in order to improve the employee's position; and threatening to disclose secrets learned during marriage in order to end developments in a former spouse's private life.
However, the statutory elements of blackmail must be assessed separately in every case.
Does Using Photographs in Blackmail Change the Penalty?
The source states that the use of photographs belonging to the victim does not by itself have a separate effect on the final penalty for blackmail.
However, where the photographs constitute documents or images relating to the victim's private life, the offence of violation of privacy may additionally arise.
Accordingly, incidents involving private photographs or images may require assessment not only in terms of blackmail but also in terms of other possible offences.
Is Acquittal Possible in a Blackmail Case?
As in any criminal case, a conviction for blackmail requires the statutory elements of the offence and the defendant's commission of the offence to be established in accordance with the rules of proof applicable in criminal proceedings.
Regarding acquittal, the submitted source states that the defence may argue that the alleged conduct does not fall within the scope of blackmail or that the conduct remained within the boundaries of defending a legal right.
In particular, the distinction between threat and blackmail, whether there was a purpose of obtaining a benefit and the legal nature of the right being exercised may be important in determining the correct classification of the conduct.
What Should a Victim of Blackmail Do?
The submitted source recommends that a victim of blackmail make a criminal complaint without delay and conduct the process with professional legal assistance in the field of criminal law.
Particularly where messages, emails, photographs, videos or other digital content exist, preserving the available evidence may be important in establishing how the incident occurred.
How Long Does a Blackmail Case Take?
It is not possible to provide a fixed duration applicable to every criminal case.
The submitted source similarly states that the duration of proceedings may vary depending on factors such as the characteristics of the case, the number of parties and the manner in which the offence was committed. Although the source generally states that blackmail proceedings may conclude within two or three hearings, this does not mean that every case will be resolved within the same period.
Blackmail and Criminal Proceedings in Ataşehir
Blackmail incidents occurring in Ataşehir or involving a party located in Ataşehir are also governed by Article 107 of the Turkish Criminal Code and the general rules of criminal procedure.
The fact that blackmail may arise through messaging applications, social media, private photographs and videos, employment relationships, disputes between former spouses or partners and threats to disclose personal information makes correct legal classification of the conduct particularly important.
Therefore, in assessments conducted within the scope of an Ataşehir criminal lawyer, Istanbul criminal lawyer, Ümraniye criminal lawyer, Üsküdar criminal lawyer, Çekmeköy criminal lawyer, blackmail lawyer or criminal law lawyer, the contents of messages and communications, the offender's purpose, the benefit demanded from the victim and the nature of the threat should be considered together.
Ataşehir Criminal Lawyer Assistance
Legal assistance concerning blackmail may include, from the victim's perspective, preparation of a criminal complaint, assessment of available evidence and representation throughout the investigation and prosecution.
From the perspective of a suspect or defendant, it may involve assessing whether the alleged conduct satisfies the elements of blackmail under Article 107, examining the distinction between blackmail, threat and other offences, evaluating the evidence and conducting the defence process.
The source also emphasises the importance of professional criminal-law assistance because blackmail may involve exceptional circumstances and significant legal details in practice.
Conclusion
Blackmail is an offence regulated in two different forms under Article 107 of the Turkish Criminal Code and intended to protect an individual's freedom of will. Using a right or obligation as a means of pressure to compel a victim to engage in unlawful conduct or conduct they are not obliged to perform, or attempting to obtain an unjust advantage, may constitute the first form of blackmail. Attempting to obtain a benefit for the offender or another person by threatening to disclose or allege matters capable of damaging another person's honour or reputation constitutes the second form.
The boundaries between blackmail and the offences of threat, robbery, extortion by a public official and violation of privacy must be correctly identified. Furthermore, the offender does not have to actually obtain the requested benefit for the offence of blackmail to be completed.
According to the submitted source, the offence is not subject to a complaint, is not within the scope of reconciliation, has an ordinary prosecution limitation period of eight years and is tried before the criminal court of first instance.
Accordingly, issues concerning the offence of blackmail, penalty for blackmail, complaints concerning blackmail, blackmail using private images, difference between blackmail and threat, Ataşehir criminal lawyer, Istanbul criminal lawyer, Ümraniye criminal lawyer, Üsküdar criminal lawyer and Çekmeköy criminal lawyer should be assessed according to the particular circumstances of each case.