The crime of blackmail is regulated in article 5237 of the Turkish Penal Code No. 107. The crime of blackmail is stated in Article 107.A person who compels a person to do or not to do something that is unlawful or not obligated, or to obtain an unfair advantage, on the basis that he will or will not do something that he is entitled or obliged to do.expressed as ”. It protects the freedom and peace of mind of the victim by penalizing the victim’s more severe disturbance, with the regulation of blackmail crime, which is a special form of threat crime. Blackmail crime is a danger crime and can be committed in the following ways:
In the criminal case, the judge, by evaluating the words, attitudes and behaviors of the person who committed the crime; determines whether the crime is blackmail or threat crime. In case of blackmail crime, since a prison sentence restricting freedom is foreseen; It would be the best approach to get help from an experienced criminal lawyer in order not to lose any of the rights and interests in the criminal proceedings regarding the blackmail crime, to ensure that the case is followed in the most effective way and the desired positive verdict is obtained.
The crime of blackmail is under Article 107 of the TCK. Pursuant to the relevant article of Law No. 5237, the perpetrator of the blackmail crime is sentenced to imprisonment from 1 to 3 years and a judicial fine up to five thousand days. The penalty for the blackmail crime is the same for all forms of the crime. At this point, it should be stated that, according to the regulation of Article 107, it is not possible for the court to decide only to impose a prison sentence or a judicial fine, but must also decide on both a prison sentence and a judicial fine separately.
The crime of blackmail is not one of the crimes for which a complaint is sought; In this respect, when the information that the blackmail crime has been committed is learned by the prosecutor’s office in any way, an ex officio investigation will be initiated regarding the crime. Since the follow-up of this crime is not dependent on a complaint, there is no period of complaint; However, the blackmail crime has an 8-year statute of limitations. The crime must be reported to the prosecutor’s office no later than 8 years from the time it was committed. Otherwise, no investigation can be made regarding the blackmail crime due to the statute of limitations.
The communication and agreement between the accused person and the victim of the crime through a mediator is called a conciliation institution in criminal law. The crime of blackmail is not one of the crimes that can be applied to the reconciliation institution. Since the crime of blackmail falls under the jurisdiction of the criminal court of first instance, the criminal proceedings regarding the crime are fulfilled by the criminal court of first instance.
Judicial fine is one of the types of sanctions that can be applied to the perpetrator of an act that constitutes a crime by criminal law regulations. The penalty for blackmail crime can be converted to a judicial fine. Postponement of the announcement of the verdict (HAGB) is a criminal procedure institution that results in the abolition of the penalty decision without any consequences and the dismissal of the criminal case if the conditions regulated in the law are met.
A HAGB decision may be made about the prison sentence imposed on the accused due to the blackmail crime. The institution of postponement of the sentence is the conditional waiver of the execution of the sentence determined by the court in prison. It is possible to postpone the prison sentence given to the accused for the crime of blackmail. It is extremely important to get help from an expert criminal lawyer so that a fair and equitable trial can be manifested without unlawful interference in criminal proceedings.
