Ümraniye Criminal Cases - Criminal Threats and Penalties Under Turkish Law

Ümraniye Criminal Cases - Criminal Threats and Penalties Under Turkish Law Criminal threats are among the offences designed to protect an individual's peace, sense of security and freedom to make decisions without coercion. Informing a person that an attack will be carried out against their own life, bodily integrity or sexual inviolability, or against those of a person close to them, may constitute the offence of threat under the Turkish Criminal Code depending on the circumstances. A threat does not have to be communicated face to face. Telephone calls, WhatsApp messages, SMS messages, social media communications, emails, voice messages, letters, communications through third persons and certain forms of conduct may also constitute criminal threats. Article 106 of Turkish Criminal Code No. 5237 regulates both the basic and aggravated forms of the offence. Under the current version of Article 106, threatening an attack against the life, bodily integrity or sexual inviolability of the victim or a person close to the victim is punishable by imprisonment from six months to two years. Where this offence is committed against a woman, the minimum sentence cannot be less than nine months. A threat to cause substantial damage to property or some other harm is punishable, upon complaint by the victim, by imprisonment from two to six months or a judicial fine. Following the legislative amendment that entered into force in 2025, the penalty for aggravated threats under Article 106/2 was increased. Where a threat is committed with a weapon, by disguising the offender's identity, through an unsigned letter or special signs, jointly by more than one person, or by taking advantage of the intimidating power of an existing or purported criminal organisation, the current penalty is imprisonment from two to seven years. Accordingly, cases concerning an Ümraniye criminal lawyer, Ümraniye threat offence lawyer, criminal threats in Turkey, threats through WhatsApp, social media threats, death threats, armed threats, complaints for criminal threats, mediation in threat cases and Istanbul criminal lawyer require an assessment of the entire factual context rather than isolated words alone. What Is the Criminal Offence of Threat? In general terms, a threat consists of informing another person that harm will be inflicted on them or a person close to them in the future. Article 106 primarily covers threats against: life, bodily integrity, sexual inviolability. The provision also regulates threats to cause substantial damage to property or to inflict another form of harm. The protected legal interest is not limited to physical integrity. Constitutional Court materials concerning Article 106 also emphasise protection of peace, freedom of decision and action, and prevention of a sense of insecurity. Must the Threat Actually Be Carried Out? No. If a person threatens another by saying that they will kill them, the threatened killing does not subsequently have to be attempted for the offence of threat to arise. The principal issue is whether the communication is capable, in its context, of exerting pressure on the victim's freedom of decision and action. If the threatened conduct is subsequently carried out, additional offences may arise. Article 106/3 expressly provides that where intentional killing, intentional injury or damage to property is committed for the purpose of carrying out the threat, separate punishment may be imposed for those offences. Must the Victim Actually Be Frightened? The victim's subjective statement that they were or were not frightened is not the only determining factor. The circumstances in which the statement was made, the parties' previous relationship, the words used, the offender's conduct and events before and after the communication may all be relevant. Accordingly, not every angry, harsh or offensive statement automatically constitutes a criminal threat. Is Saying "I Will Kill You" a Criminal Threat? Depending on the circumstances, such a statement may constitute a threat against life under Article 106/1. However, criminal proceedings do not examine particular words in isolation. The context, the person to whom the words were directed, any previous hostility between the parties and the available evidence must be considered together. Can Threats Against Bodily Integrity Constitute the Offence? Yes. Informing another person that they will be physically attacked may constitute a threat against bodily integrity. The precise legal classification depends on the wording and the surrounding circumstances. Can an Indirect Statement Constitute a Threat? Yes. A threat does not necessarily have to use an explicit phrase such as "I will kill you." Indirect expressions may constitute threats where, viewed in context, they communicate a future attack or harm. Statements such as "you will see what happens to you" therefore cannot automatically be classified either as criminal or non-criminal without considering their context. Must a Threat Be Verbal? No. Threats may be communicated through: face-to-face speech, telephone calls, SMS, WhatsApp or other messaging applications, Instagram and other social media platforms, email, letters, voice or video messages, third persons. The fact that Article 106 expressly recognises threats through special signs also demonstrates that the offence is not limited to spoken or written words. Can a WhatsApp Message Constitute a Criminal Threat? Yes. WhatsApp messages can constitute criminal threats where their content satisfies Article 106. However, the existence of a screenshot does not automatically resolve every evidential issue. The identity of the sender, ownership and use of the relevant number or account, integrity of the conversation and surrounding communications may all be relevant. Can Threats on Social Media Be Prosecuted? Yes. Threats sent through Instagram, X, Facebook, TikTok or other social media services may fall within Article 106. In such cases, establishing who actually controlled and used the account may be particularly important. A profile name or photograph alone does not necessarily establish authorship in every case. What If the Threat Comes From a Fake Account? Use of an anonymous or fake account does not prevent criminal liability. The central evidential issue becomes identification of the person who sent the message. Depending on the circumstances and available legal procedures, technical data, linked accounts, devices and other digital evidence may become relevant. Can a Threat Be Communicated Through Another Person? Yes, depending on the circumstances. Where the offender intends the threatening statement to reach the victim, or acts knowing that it will be communicated to the victim, communication through a third person may be legally relevant. This must be distinguished from a third person independently repeating a statement that the original speaker never intended to communicate to the victim. Can a Threat Against a Relative Constitute the Offence? Yes. Article 106 expressly protects not only the victim but also persons close to the victim. A threat to harm the victim's child, spouse or another close person may therefore fall within the provision where the statutory elements are satisfied. What Is a Threat Against Property? Article 106/1 also regulates threats to cause substantial property damage. The Code refers specifically to substantial damage rather than every minor form of economic harm. The economic importance of the threatened damage and the circumstances of the victim must therefore be assessed. What Does a Threat of "Other Harm" Mean? Article 106/1 also refers to threats of "other harm" outside threats against life, bodily or sexual inviolability and substantial property damage. Not every unpleasant or offensive statement falls into this category. The communication must be assessed to determine whether it conveys future harm capable of affecting the victim's freedom and security. What Is the Difference Between Threat and Insult? Threat and insult are separate offences. A threat concerns future attack or harm. An insult concerns an attack on a person's honour, dignity or reputation. Where both types of statements are made during the same incident, the elements of each offence must be examined separately. What Is the Difference Between Threat and Blackmail? Blackmail is separately regulated under Article 107. It generally involves coercive conduct designed to compel a person to do or refrain from doing something or to provide an unjust benefit. For example, a statement such as "give me money or I will publish your private images" may require assessment under the rules governing blackmail rather than being treated solely as an Article 106 threat. What Is the Difference Between Threat and Persistent Stalking? Persistent stalking is separately regulated under Article 123/A. Repeated physical following or attempts to contact a person through communication systems, information systems or third persons may constitute persistent stalking where the statutory consequences arise. If threatening messages are also sent during that conduct, threat and persistent stalking may both require separate consideration. Recent Court of Cassation decisions show that both offences may arise within the same factual sequence. What Is the Penalty for Criminal Threats? Under the current Article 106/1, threatening an attack against the life, bodily integrity or sexual inviolability of the victim or a close person is punishable by: 6 months to 2 years' imprisonment. Where the offence is committed against a woman, the minimum is: 9 months' imprisonment. A threat of substantial property damage or other harm is punishable, upon complaint, by: 2 to 6 months' imprisonment or a judicial fine. Is the Penalty Different Where the Victim Is a Woman? Yes. Where the basic threat against life, bodily integrity or sexual inviolability is committed against a woman, the minimum sentence cannot be less than nine months. What Is an Aggravated Threat? Article 106/2 provides aggravated liability where the threat is committed: with a weapon, by disguising the offender's identity, through an unsigned letter, through special signs, jointly by more than one person, by taking advantage of the intimidating power of an existing or purported criminal organisation. What Is the Penalty for an Aggravated Threat? Following the amendment that entered into force on 4 June 2025, aggravated threats under Article 106/2 are punishable by: 2 to 7 years' imprisonment. The previous upper limit was five years. The date of the alleged offence may therefore be important when determining the applicable criminal law. What Is an Armed Threat? A threat committed with a weapon is an aggravated form under Article 106/2-a. How the weapon was used, whether it was displayed to the victim and its relationship with the threatening conduct must be assessed in context. The Constitutional Court has also noted the increased intimidating force associated with aggravated forms of threat. Must the Weapon Be Fired? No. The weapon does not necessarily have to be discharged for an armed threat to be considered. If it is fired or used to injure the victim, separate criminal offences may also arise. Article 106/3 expressly provides for separate punishment where intentional killing, intentional injury or property damage is committed for the purpose of the threat. What If Several People Threaten the Victim Together? A threat committed jointly by more than one person is an aggravated form under Article 106/2-c. Whether the persons acted together and how each participated must be established in the individual case. What If a Criminal Organisation's Name Is Used? Using the intimidating power of an existing or purported criminal organisation may constitute the aggravated form under Article 106/2-d. The wording "existing or purported" is important: the assessment is not limited solely to organisations proven actually to exist. Are Threats by Anonymous Letter Aggravated? Yes. Threats through an unsigned letter fall within Article 106/2-b. The same provision covers disguising one's identity and using special signs. Is the Offence Subject to a Complaint? It depends on the form of the offence. Threats against life, bodily integrity or sexual inviolability under the first sentence of Article 106/1 are not made subject to complaint by the statutory provision. By contrast, threats of substantial property damage or other harm expressly require a complaint by the victim. It is therefore inaccurate to state that every threat offence is complaint-based or that none of them are. Does Withdrawal of a Complaint End the Case? Not necessarily. For complaint-based forms of threat, withdrawal may have procedural consequences. However, the first-sentence form of Article 106/1 involving life, bodily integrity or sexual inviolability is not dependent on a complaint. A later statement by the victim that they no longer wish to complain therefore does not automatically terminate every threat prosecution. Is Mediation Available in Criminal Threat Cases? Threat offences under Article 106/1 fall within the criminal mediation procedure. Article 253 of the Code of Criminal Procedure expressly includes threats under Article 106/1 irrespective of whether the particular form is complaint-based. Aggravated threats under Article 106/2 are not included in that specific category. Furthermore, where an offence otherwise subject to mediation is committed against the same victim together with another offence outside the mediation system, the restriction under Article 253/3 must be considered. A 2025 Court of Cassation decision illustrates this distinction: after the defendant was acquitted of persistent stalking, the Court held that the mediation procedure had to be applied to the remaining threat offence. Is Mediation the Same as Withdrawing a Complaint? No. Criminal mediation under Articles 253 and following of the Code of Criminal Procedure is a distinct procedural mechanism. Withdrawal of a complaint concerns the victim's complaint in offences whose prosecution depends on such a complaint. This distinction is particularly important because the first-sentence form of Article 106/1 is not complaint-based but is nevertheless included in criminal mediation. What Evidence Can Be Used in Threat Cases? Depending on the case, evidence may include: WhatsApp and SMS messages, social media communications, voice messages, emails, CCTV footage, telephone traffic data, witness testimony, lawfully obtained audio or video material, police records, digital forensic examinations, technical information relating to online accounts, communications before and after the alleged threat. The legality, reliability and relevance of each item must be assessed separately. Is a Screenshot Sufficient Evidence? A screenshot may be important evidence but does not automatically establish criminal liability. The identity of the sender, integrity of the conversation, surrounding messages, ownership of the account and allegations of alteration may all need to be examined. Preserving the complete conversation is generally more useful than retaining only an isolated sentence. Can an Audio Recording Be Evidence? The evidential status of an audio recording depends on how and under what circumstances it was obtained. Unlawfully obtained evidence cannot be used in criminal proceedings. The legality of a secretly recorded conversation therefore requires a case-specific assessment. Can Witness Testimony Prove a Threat? Yes. A person who directly heard the threatening words or witnessed the relevant conduct may give evidence. A distinction may nevertheless be drawn between a witness who directly observed the incident and someone who learned about it only later from the victim. What Should a Person Do After a Telephone Threat? Depending on the circumstances, the victim may report the incident to law enforcement or the Public Prosecutor's Office. The telephone number, date and time of the call should be preserved. Any related messages, voice messages or other communications may also be important. Should Threatening Messages Be Deleted? No. Potential evidence should be preserved. Where possible, the full conversation, date and time information, relevant account details and telephone number should be retained rather than preserving only a cropped screenshot. What Should a Person Who Has Been Threatened Do? Depending on the seriousness and circumstances of the incident, the person may: contact law enforcement, submit a criminal complaint to the Public Prosecutor's Office, preserve messages and digital records, identify witnesses, act promptly to preserve CCTV footage, consider protective measures under Law No. 6284 where the circumstances involve domestic or gender-based violence. Where there is an immediate and continuing danger, steps to secure personal safety should not be delayed. Threats by a Former Spouse or Former Partner A former marital or romantic relationship does not prevent the offence from arising. Threats to kill or injure a former spouse or partner may fall within Article 106. Where the conduct also involves repeated following, repeated contact attempts or conduct creating safety concerns, persistent stalking and protective measures may also become relevant. Can Protective Measures Be Ordered in Domestic Threat Cases? Where the statutory requirements are met, protective and preventive measures under Law No. 6284 may be considered. Criminal prosecution and protective measures serve different legal purposes. The criminal process determines criminal responsibility, while protective measures seek to address and prevent risks of violence. Which Court Tries Threat Cases? Threat offences under Article 106 are generally tried before the Criminal Court of First Instance. Where additional offences are alleged in the same proceedings, jurisdiction and procedural connection must be examined separately. How Is Territorial Jurisdiction Determined in Ümraniye? Territorial jurisdiction in criminal proceedings is generally determined by the place where the offence was committed. For threats made by telephone, messaging applications or online platforms, the relevant procedural rules must be applied according to the manner in which the offence occurred. Incidents connected with Ümraniye may fall within the Istanbul Anatolian judicial district. How Is a Defence Prepared in a Threat Case? A defence should not be reduced simply to whether the defendant denies using the words. Depending on the case, it may be necessary to examine: whether the statement was actually made, whether the message was sent by the accused, ownership and use of the digital account, whether the statement legally constitutes a threat, the complete conversation, the development of the dispute, legality of the evidence, whether an aggravated form is established, whether successive offence rules apply, whether criminal mediation is required. What Happens If the Same Person Makes Repeated Threats? Where several threats are directed against the same victim at different times, the applicability of the successive offence provisions may need to be considered. It cannot automatically be assumed that every message constitutes a completely separate offence or that all messages always constitute a single offence. The unity of criminal intent, timing and circumstances are relevant. Recent Court of Cassation decisions include cases in which Article 43 on successive offences has been applied to threat offences. What Happens If the Victim Is Injured After the Threat? Article 106/3 provides that where intentional killing, intentional injury or property damage is committed for the purpose of the threat, separate punishment may be imposed for those offences. Accordingly, a threat followed by an intentional assault may give rise to separate criminal responsibility depending on the facts. Does a Threat Conviction Always Mean Imprisonment? No. The final legal consequence cannot be determined solely by looking at the abstract sentencing range. The manner in which the offence was committed, sentencing rules, discretionary reductions, the final sentence and other statutory requirements must be considered. Whether mechanisms such as conversion of a short-term prison sentence, suspension of the pronouncement of judgment or other individualisation rules are available depends on the current legislation and circumstances of the individual case. Can a Judicial Fine Be Imposed? For threats of substantial property damage or other harm under Article 106/1, the statute directly provides for imprisonment or a judicial fine. For other forms, whether a prison sentence can be converted depends on the sentence imposed and the applicable sentencing provisions. Aggravated threats are punishable by imprisonment from two to seven years. When Can Acquittal Become Relevant? Depending on the evidence, acquittal may become relevant where: it cannot be proven that the defendant made the statement, authorship of a digital account cannot be established, the alleged statement does not legally amount to a threat, the context does not satisfy the statutory elements, the evidence is insufficient for conviction. The court must determine criminal responsibility on the basis of lawful evidence. Why Is Preservation of Evidence Important? Digital evidence may disappear over time. Accounts may be closed, messages deleted and CCTV recordings automatically overwritten. For this reason, early preservation of available material may be particularly important in threat cases. Ümraniye Criminal Lawyer Assistance Threat cases require a distinction between ordinary arguments and statements that satisfy the elements of a criminal offence. The legal assessment should consider not only isolated words but also the context, relationship between the parties, events preceding the statement, the complete communications, the subject of the alleged threat and the available evidence. Under Article 106/1, threats against life, bodily integrity or sexual inviolability are punishable by imprisonment from six months to two years. Where committed against a woman, the minimum is nine months. Threats of substantial property damage or other harm are punishable by imprisonment from two to six months or a judicial fine and are complaint-based. Threats committed with a weapon, by disguising identity, through unsigned letters or special signs, jointly by more than one person, or by using the intimidating power of an existing or purported criminal organisation constitute aggravated forms punishable, following the 2025 amendment, by imprisonment from two to seven years. Threats under Article 106/1 fall within criminal mediation under Article 253 of the Code of Criminal Procedure. Where another offence outside the mediation system is committed against the same victim in connection with the incident, the statutory restrictions must also be considered. Accordingly, cases involving an Ümraniye criminal lawyer, Ümraniye threat offence lawyer, death threats, armed threats, threatening messages, WhatsApp threats, social media threats, complaints and mediation in threat cases and an Istanbul criminal lawyer require careful analysis of both the statutory classification and the available evidence. Conclusion The criminal offence of threat is regulated under Article 106 of the Turkish Criminal Code among offences against liberty. The provision seeks to protect individuals from being forced to live and make decisions under fear and coercion. Threats may be made face to face or through telephone calls, WhatsApp, social media, emails, letters, voice messages or third persons. However, not every harsh statement, argument or expression of anger automatically constitutes a criminal threat. The words and conduct must be assessed within the complete factual context. Under the current Article 106, the basic form involving threats against life, bodily integrity or sexual inviolability is punishable by imprisonment from six months to two years. Where the offence is committed against a woman, the minimum sentence cannot be less than nine months. Threats of substantial property damage or other harm carry imprisonment from two to six months or a judicial fine. Following the 2025 legislative amendment, aggravated threats carry imprisonment from two to seven years. Complaint requirements, criminal mediation and evidential issues differ according to the precise form of the offence. Threats under Article 106/1 are included in criminal mediation, whereas the aggravated forms under Article 106/2 are not included in that specific statutory category. For threats made through messages, social media or telephone communications, preservation of the complete correspondence and relevant digital material is particularly important. The legal assessment should be based on the entire incident rather than an isolated sentence.