This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Tehdit Suçu: Şikâyet, Delil ve Cezası.
A threat consists in telling someone that an attack will be carried out on their life, bodily integrity or sexual inviolability, or on that of a relative (Article 106 of the Criminal Code). Whether a complaint is required, and whether criminal mediation is available, depends on the gravity of the conduct. Where the threat was spoken, everything turns on collecting the record before it disappears.
A message after an argument, a sentence in a neighbour dispute, a call made to collect a debt — threats arise far more often in daily life than people assume.
This article explains which words amount to a threat in law, when a complaint is required, and how to gather evidence before the records are erased.
Which Words Amount to a Threat?
Article 106 deals with threats at two levels.
The graver form: threatening another by saying that an attack will be carried out on their life, bodily integrity or sexual inviolability, or on that of a relative.
The other form: threatening to cause substantial harm to their property, or some other harm.
The distinction matters directly: the second form is prosecuted only upon complaint, while the graver form is prosecuted of the authorities' own motion.
It is not necessary that the threat could actually be carried out; what matters is that the words were capable of creating serious fear in the victim. Not every word spoken in anger is a threat: the words are assessed in their context.
Which Circumstances Increase the Sentence?
- committing the offence with a weapon
- concealing one's identity, or using an unsigned letter or special signs
- commission by more than one person together
- exploiting the intimidating power of criminal organisations, real or supposed
Where homicide, injury or criminal damage is committed for the purpose of the threat, a separate sentence is imposed for those offences as well.
| Situation | Prosecution | Criminal mediation |
|---|---|---|
| Threat to property or of some other harm (Art. 106/1, second sentence) | Upon complaint, 6 months | Within its scope |
| Threat to life, bodily integrity or sexual inviolability (Art. 106/1) | Of the authorities' own motion | Within its scope |
| Threat with a weapon (Art. 106/2-a) | Of the authorities' own motion | Outside its scope |
| Concealing identity, or by unsigned letter (Art. 106/2-b) | Of the authorities' own motion | Outside its scope |
| By more than one person together (Art. 106/2-c) | Of the authorities' own motion | Outside its scope |
| Exploiting the intimidating power of a criminal organisation (Art. 106/2-d) | Of the authorities' own motion | Outside its scope |
Where a complaint is required, the period is six months from learning of the act and of the perpetrator (Article 73).
How Is the Evidence Gathered?
Threats are usually made by telephone, by message or through social media — which makes the evidence both strong and fragile.
- Do not delete the messages. Take screenshots, and also preserve the original record on the device.
- Ask for telephone traffic records to be obtained. Operators keep call and message traffic for a limited period; state that request expressly in the complaint.
- Ask for any camera footage at once. Workplace and building recordings are usually overwritten quickly.
- Identify the witnesses — those who heard the words or saw the victim's state at the time.
- Show whose number it is: a contact entry, earlier correspondence.
Protection Orders
Where the threat comes from a spouse, a former spouse or a family member, or where there is a risk of violence, a protection order may be sought under Law no. 6284 alongside the criminal complaint.
Such orders can be obtained quickly, without evidence being required at the outset, and may include a restraining order, a prohibition on contact, and removal from the shared home. Applications are made to the family court, the police or the prosecutor.
Breaching an order carries coercive detention, so an order also works as practical protection while the criminal case runs.
Telephone traffic records and camera footage are kept only for a limited period. State expressly in the complaint which records should be obtained from whom, and do it at once — in threat cases this single sentence often decides the outcome.
Frequently Asked Questions
Which threats are prosecuted only on complaint?
Threats to cause substantial harm to property, or some other harm, under the second sentence of Article 106/1. Threats to life, bodily integrity or sexual inviolability are prosecuted of the authorities' own motion.
How long do I have to complain?
Six months from learning of the act and of the perpetrator, where a complaint is required.
Does it matter whether the threat could actually be carried out?
No. What matters is that the words were capable of creating serious fear in the victim, assessed in their context.
How do I prove a threat sent by message?
Keep the original record as well as screenshots, ask for the telephone traffic records to be obtained, identify witnesses, and show whose number it is.
Can I get a protection order?
Yes, where the threat comes from a spouse, former spouse or family member or there is a risk of violence, under Law no. 6284 — including a restraining order and removal from the shared home.