WHAT IS THE CRIME OF BLACKMAIL?

The crime of blackmail in Article 107 . In legal terms, blackmail is defined as threatening to disclose or report information or images that would harm the honor or reputation of that person or their relatives, or cause significant financial loss, in order to force them to do or not do something that is contrary to law or a legitimate purpose, or to obtain an unfair advantage.

This law aims to protect individuals' freedom of will, inner peace, and property rights.

1. Material and Mental Elements of the Crime

For the crime of blackmail to occur, the perpetrator's actions must contain the following essential elements:

• Threat Means (Illegal Information/Images): The perpetrator must possess secrets, images relating to the victim's private life, defamatory information or documents, or facts that could cause damage to the victim's property, which the victim fears being revealed and wishes to keep confidential.

• Unlawful Exploitation or Coercion: This requires the perpetrator to pressure the victim by presenting this information and attempting to obtain an unlawful benefit from them (e.g., demanding money) or to force the victim to do or refrain from doing something they do not want to do. (e.g., "If you don't cancel this debt, I'll post your photos online" or "If you don't resign, I'll share scandalous documents about you with everyone").

2. Basic Form of the Crime and Punishment

• Basic Penalty: A person who commits the crime of blackmail to imprisonment for 1 to 3 years and a fine.

• Investigation and Prosecution: The basic form of the crime of blackmail is dependent on a complaint. Judicial authorities cannot initiate an investigation ex officio unless the victim files a complaint or withdraws it.

3. Aggravated (Qualified) Version under Article 107/2 of the Turkish Penal Code

According to the second paragraph of the article, the same criminal sanctions (imprisonment from 1 to 3 years and a judicial fine) apply when someone is blackmailed with the aim of obtaining an unlawful benefit for themselves or another person. However, in practice, especially in actions involving content that violates the privacy of private life (e.g., social media or digital blackmail), depending on the nature of the crime, other relevant articles of the Turkish Penal Code (privacy of private life, recording of personal data, etc.) and the rules of concurrent offenses or separate punishments may come into play.

The Difference Between the Crimes of Blackmail and Threat

In practice, the crime of blackmail (Article 107 of the Turkish Penal Code) and the crime of threat (Article 106 of the Turkish Penal Code) are often confused. The defining rule of the Supreme Court is as follows:

• Threat crime: The perpetrator threatens the victim with something that will directly cause them harm; for example, "I'll beat you up" or "I'll kill you."
• Crime of blackmail: The perpetrator attempts to gain an advantage by threatening to do something that he is personally entitled to (107/1) or by threatening to disclose matters that would damage the victim's reputation (107/2).

The crucial difference: Threats made without the intention of providing any benefit constitute the crime of threatening, not blackmail.

"The defendant's statement to the victim, 'If you don't meet with me, I will kill you,' constitutes a threat, not blackmail." (Supreme Court of Appeals, 4th Criminal Chamber – Case No. 2021/28441)

"The defendant's statement to the victim, 'If you don't withdraw your complaint, I will humiliate you,' constitutes the crime of blackmail." (Supreme Court of Appeals, 4th Criminal Chamber – Case No. 2020/4841)

Statute of Limitations in Blackmail Crimes

Since the crime is not subject to complaint, there is no statute of limitations for filing a complaint. The general statute of limitations for prosecution for blackmail, which is 8 years, can be applied. Accordingly, if the crime is not reported within 8 years, an investigation cannot be initiated ex officio.

SUPREME COURT DECISIONS REGARDING THE CRIME OF BLACKMAIL

1. Court of Cassation, 4th Criminal Chamber — Case No: 2022/8410, Decision No: 2023/5210

• Case Summary: The defendant allegedly pressured the victim by claiming to possess confidential videos from their intimate relationship, threatening to release these videos on social media in exchange for financial gain or coercing the victim to comply with his wishes.

• Supreme Court Review: The Supreme Court emphasized that the perpetrator unjustly coerced the victim's will by threatening to disclose images that would damage the victim's honor and reputation or reveal their private life. Determining that the act constituted all the elements of the crime of blackmail as defined in Article 107 of the Turkish Penal Code, the Court upheld the local court's conviction.

2. Court of Cassation, 4th Criminal Chamber — Case No: 2021/14200, Decision No: 2022/11400

• Case Summary: The defendant demanded money from the employer by threatening to report workplace irregularities to the relevant authorities or pressure the employer to terminate the employment contract. The defendant appealed the conviction for blackmail.

• Supreme Court Assessment: The Supreme Court stated that obtaining an unfair advantage or coercing someone's will by threatening to disclose an unlawful or defamatory situation constitutes the crime of blackmail. However, it overturned the decision, indicating that the legal classification should be determined by discussing the veracity of the allegations and the limits of the right to disclose in the specific case.

3. Court of Cassation, 4th Criminal Chamber — Case No: 2023/1520, Decision No: 2023/9410

• Summary of the Case: A public prosecution was initiated against the defendant for blackmail against the victim. During the trial, the victim stated at various stages that they withdrew their complaint, but the court proceeded with the case and issued a conviction.

• Supreme Court Assessment: The Supreme Court reminded that the investigation and prosecution of the basic blackmail crime regulated in Article 107, paragraph 1 of the Turkish Penal Code are dependent on a complaint. It found it unlawful to continue the trial and issue a verdict without considering that a dismissal decision should be made pursuant to Article 223/8 of the Code of Criminal Procedure if the victim withdraws their complaint within the legal time limit.

Blackmail Crime: Assessment and Conclusion

Blackmail is a insidious and serious crime that targets individuals' freedom of will, inner peace, honor, and dignity, and has increased, particularly with the rise of digitalization and the widespread use of social media, transforming its form. Defined in Article 107 of the Turkish Penal Code, this crime provides a deterrent legal shield against the use of information, secrets, or images that could damage a person's honor or property as a means of coercion.

The key issues highlighted in practice and in the jurisprudence of the Supreme Court can be summarized under the following headings:

• Violation of Freedom of Will and Threat as a Means: The act constituting the material element of the crime is the threat of harming the victim's honor, reputation, or property with the aim of obtaining an unlawful benefit or forcing the victim into an unwanted act. In particular, the fear of the disclosure of private images or secrets creates profound psychological pressure on the victim.

• Complaint-Based Procedural Guarantees: The prosecution of the basic blackmail crime regulated in Article 107 of the Turkish Penal Code is dependent on a complaint. This grants the victim the right to protect their will during the trial process and to determine the outcome of the case; however, it necessitates the dismissal of the case in cases where the complaint is withdrawn within the legal time limit.

• Social Trust and Digital Privacy: As underlined in judicial decisions, the protection of individuals' private lives and personal inviolability is a fundamental requirement of the rule of law. In combating blackmail crimes, punishing privacy violations and attempts at unfair gain on digital platforms is vital for establishing individual freedoms and social trust.