Extortion via Information Technology / Istanbul Cyber Lawyer

I. INTRODUCTION

The dizzying pace of technological advancement is transforming the types of crime. Particularly with information systems becoming tools for committing crimes, classic crime types are taking on new forms. In this context, the crime of robbery has also moved to the digital realm, and the concept of "robbery via information technology" has emerged. Social media threats, data blackmail, online threatening messages, and acts of coercion and threats against property in digital environments are challenging both the boundaries of criminal law and the scope of its interpretation.

This study will examine the issue of "robbery committed through information technology," which is the digital version of the crime of robbery regulated under the Turkish Penal Code (Articles 148-150), from both a normative and case law perspective. Furthermore, the boundary relationship between this crime and other cybercrimes, the problems encountered in practice, and proposed solutions will also be evaluated.

II. THE CONCEPTUAL AND LEGAL FRAMEWORK OF THE CRIME OF ROBBERY

A. Definition and Elements

According to Article 148 of the Turkish Penal Code, the crime of robbery is defined as "forcing another person to hand over their property or compelling them to hand over their property by using force or threat." The elements of the crime are:

An act against property,
The victim's consent is being eliminated through coercion or threat,
It is when the perpetrator acts with the aim of obtaining economic benefit

B. Aggravating Circumstances

Article 149 of the Turkish Penal Code regulates the aggravated forms of the crime of robbery. Specifically, the crime includes:

Committed with a weapon,
Committed by more than one person,
The person identifying themselves as a public official,
The use of information systems,
for example, constitutes an aggravating circumstance of the crime.

III. ROBBERY THROUGH TECHNOLOGY: A NEW FORM OF CRIME?

A. Seizure of Assets Through Digital Threats

Today, it is common for perpetrators to threaten victims through digital platforms, resulting in the victim transferring economic value through methods such as bank transfers, cryptocurrency transfers, or the transfer of virtual assets.

Example: The perpetrator obtains private images of the victim, threatens to share them, and demands money. In this case, the threat is digital, not physical. However, the victim's consent was obtained under duress, and property damage has occurred.

B. Blackmail or Extortion?

At this point, the line between "blackmail" (Turkish Penal Code Article 107) and "robbery" is important. According to Supreme Court precedents, if the act of threatening results in the actual delivery of the property, that is, an actual surrender or economic loss, the crime may fall within the scope of robbery.

IV. PROBLEM AREAS IN PRACTICE

A. Nature of the Threat: Physical or Digital?

The phrases "coercion or threat" in Article 148 of the Turkish Penal Code traditionally evoke a physical setting. However, in Supreme Court rulings, threats made via email, SMS, or social media messages are also considered sufficient.

In this context, it is acknowledged that threats made in the virtual environment are as effective as physical violence and eliminate the victim's free will.

B. Cybercrimes and Border Issues

Some actions of robbery, blackmail, and unlawful use of personal data (Turkish Penal Code Article 136) . In such cases, the perpetrator's intent, the subject matter of the crime, and the victim's behavior must be considered together.

C. Detection and Proof

It is essential to collect digital evidence such as IP addresses, message logs, bank statements, and cryptocurrency transfer logs.
Cooperation with cybercrime units is of great importance.
The degree of psychological pressure must be assessed to determine whether the victim consented.

V. IS THE USE OF AN INFORMATION SYSTEM IN THE CRIME OF ROBBERY CONSIDERED AN AGGRAVATING CIRCUMSTANCE?

According to Article 149/1-f of the Turkish Penal Code, committing the crime "by using information systems" constitutes an aggravated offense and results in an increased penalty.

Under this provision, threats and blackmail in the digital environment can be punished not only as a simple cybercrime, but also as aggravated extortion.

VI. EVALUATION FROM THE PERSPECTIVE OF CRIMINAL LAW

A. The Crime Remains at the Attempt Stage

In some cases, even if the victim has not made a payment, the perpetrator has attempted to threaten and blackmail them. In this case, the crime of "attempted robbery" occurs. According to Article 35 of the Turkish Penal Code, the sentence given to the perpetrator in case of attempt may be reduced depending on whether the crime has been completed.

B. Voluntary Withdrawal

If the perpetrator abandons the intention to take property from the victim after being threatened, this can be considered a "voluntary abandonment" under Article 36 of the Turkish Penal Code. However, for this reduction to apply, the perpetrator must abandon the obligation of their own free will.

VII. PROTECTIVE AND PREVENTIVE MECHANISMS

Data Protection Law (KVKK) and Cybersecurity Measures:
A significant portion of cybercrimes are linked to the misuse of personal data. Therefore, stricter measures should be taken regarding data security.
Victim Support Hotlines and Easily Accessible Application Mechanisms:
Systems should be established, particularly for victims of digital blackmail, to easily report incidents.
Specialization of Police and Prosecutors:
Strengthening units specializing in cybercrime is essential for evidence gathering and rapid response.

VIII. CONCLUSION AND RECOMMENDATIONS

Cybercrimes are one of the complex and multifaceted types of crimes of the digital age. While legislation includes regulations regarding this type of crime, serious problems arise in practice regarding distinctions between norms, determining the nature of the crime, and the burden of proof.

The Supreme Court's precedents on this matter indicate that digital threats can also be considered within the scope of coercion and threat; however, more examples are needed for this approach to be applied consistently and systematically.

Clarifying the legal framework, training practitioners in this area, and developing policies to protect victims are essential for effectively preventing cybercrimes.

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