Words such as “I’ll kill you”, “I’ll bring your house down on your head” or “I’ll finish you off” may seem part of an everyday argument, but they often constitute the offence of threat (tehdit). Article 106 of the Turkish Criminal Code (TCK) provides for very different penalties depending on what the threat is directed at and how it is made: in some cases a complaint is required, in others the prosecutor’s office investigates of its own motion. In this article we explain the penalty ranges, the rules on complaints and mediation, how to prove a threat received by message and the possible outcomes of the trial under the current legislation.
Which words count as a threat? #
A threat means frightening a person by announcing that some harm will be done to them or to someone close to them in the future. For the offence to exist, it is not required that the perpetrator actually intends to carry out what they said, or that the victim is actually frightened; it is enough that, in the concrete circumstances, the words are capable of causing fear and unease in a person. It is also important that the harm is presented as depending on the perpetrator’s will.
- Generally regarded as threats: Words announcing a concrete harm, such as killing, beating, injuring, sexual assault, setting a house on fire, smashing a car, getting someone fired or “I’ll get you into trouble”.
- Generally not regarded as threats: Curses and wishes such as “may God punish you”; words announcing the exercise of a legal right, such as “I’ll take you to court” or “I’ll file a complaint”. Depending on their content, such expressions may constitute insult, but they do not fall within the scope of this offence.
- Borderline cases: Words said in anger, lacking seriousness or in jest. Here the relationship between the parties, previous incidents, whether the words were repeated and the setting in which they were said are assessed together.
A threat does not have to be made face to face. Words conveyed by telephone, letter, e-mail, WhatsApp or social media message, or through a third person with the aim of reaching the victim, may also constitute the offence.
Penalty for the offence of threat #
Following the amendment made by Law No. 7550 on 4 June 2025, the penalty ranges in TCK 106 are as follows:
Sentence ranges after 2025 #
| Act | Penalty | Complaint | Mediation |
|---|---|---|---|
| Threat of an attack on life, body or sexual inviolability (art. 106/1, 1st sentence) | 6 months – 2 years’ imprisonment | Not required; investigated ex officio | Available |
| The same act committed against a woman | Minimum 9 months, maximum 2 years’ imprisonment | Not required | Available |
| Threat of major damage to property or of some other harm (art. 106/1, 3rd sentence) | 2 months – 6 months’ imprisonment or a judicial fine | Prosecuted only upon complaint | Available |
| Threat with a weapon, while concealing one’s identity or by unsigned letter, together with more than one person, or by exploiting the intimidating power of a criminal organisation (art. 106/2) | 2 years – 7 years’ imprisonment | Not required | Not available |
Before the amendment, the maximum penalty for the aggravated form was five years; for acts committed before 4 June 2025, the old, more favourable provision applies. If another offence, such as injuring someone or damaging property, is also committed for the purpose of threatening, a separate penalty is imposed for that offence too (art. 106/3). Where more than one threat is directed at the same person at different times in pursuance of the same decision to commit an offence, the penalty may be increased by one quarter to three quarters under the provisions on successive offences (zincirleme suç). In both cases the case is heard by the general criminal court of first instance (asliye ceza mahkemesi).
“Weapon” and threats sent by message #
The concept of a “weapon” may cover not only firearms but also a knife, a stick or any other object capable of being used in an attack. Whether the use of a fake account concealing one’s identity in an offence committed by message counts as the aggravated form is debated according to the specific facts.
Is a complaint required? Time limits and limitation #
This is the point most often confused. The law makes only the simple threat of major damage to property or of “some other harm” subject to a complaint. Threats against life or body, such as “I’ll kill you” or “I’ll break your legs”, and aggravated threats are not dependent on a complaint; the police or the prosecutor’s office start an investigation as soon as they learn of it, and the victim’s later withdrawal does not automatically end the investigation.
- Complaint period: In the form that depends on a complaint, the victim must file a complaint within 6 months of the day they learned of the act and of who the perpetrator is (TCK 73). If the time limit is missed, no investigation can be conducted. The “in any event two years” limit that applies to insult is not provided for threats; here the outer limit is the limitation period for prosecution.
- Withdrawal of the complaint: In a threat that depends on a complaint, withdrawal ends the case; however, if the defendant does not accept the withdrawal, no decision to discontinue is given.
- Limitation period for prosecution: 8 years for a simple threat, and 15 years for an aggravated threat with a maximum penalty of seven years. If limitation is interrupted by steps such as taking a statement at the prosecutor’s office or drawing up an indictment, the period is extended by at most half.
Waiting is not the right approach even where no complaint is required: as time passes, camera recordings are deleted, witnesses forget and messages are lost. You can also review your time limits with our time limit and limitation period check tool.
Mediation: for which threats does it apply? #
Article 253 of the Code of Criminal Procedure (CMK) brings the whole of the first paragraph of TCK 106 within the scope of mediation (uzlaştırma), regardless of whether a complaint is required. In other words, both a simple threat against life or body and a simple threat against property are subject to mediation. Although information circulates online suggesting that only threats against property are eligible for mediation, the text of the law makes no such distinction. Aggravated threats (with a weapon, by more than one person, etc.), however, are outside mediation. Law No. 7589, which entered into force on 31 July 2026, did not change this scope.
Two exceptions that rule out mediation #
There are two exceptions to watch out for:
- Together with stalking: If an offence within the scope of mediation is committed against the same victim together with an offence outside that scope, mediation is not carried out. Since stalking (ısrarlı takip, TCK 123/A) is outside mediation, a threat made together with this offence does not go to mediation either.
- Together with insult: Insult is also outside mediation; however, under the provision added by Law No. 7571, if an offence within the scope of pre-payment (önödeme) and an offence eligible for mediation are committed together against the same victim, the mediation provisions apply to the offence eligible for mediation. Since all forms of insult other than insult against a public official in connection with their duties are within the scope of pre-payment, in typical files where the same message contains both swearing and a simple threat, mediation may be pursued for this offence.
How the file closes if a settlement is reached #
If agreement is reached and the undertaking is performed immediately, a decision not to prosecute is issued; if the undertaking is in instalments or for a later date, the filing of the public prosecution is deferred. If no reply is given to the mediation offer within seven days, the offer is deemed rejected, and mediation that has failed is not repeated in the same file. Since reaching agreement may also limit the possibility of bringing a compensation action for the offence under investigation, the victim should take into account both pecuniary and non-pecuniary damage when determining the undertaking.
Threats by WhatsApp and social media message: how to preserve the evidence? #
Today most of these files are based on written messages. Although a message is concrete and lasting evidence, it easily becomes disputable if not stored properly. It is common for the other party to use WhatsApp’s “delete for everyone” option, for an Instagram story to disappear after 24 hours, or for the account to be closed. Deleting the message later does not undo a completed offence; it does, however, make proof more difficult.
- Screenshot: It should be taken so that the sender’s phone number or username, the date and the time appear in the same frame. An image showing only the message bubble is weak against a “this number isn’t mine” defence.
- Exporting the chat and backup: The entire conversation should be exported and saved in a safe place; the phone should not be changed and the app should not be deleted.
- Notarial record: Especially for social media content that may disappear, having a notary record the content (noter tespiti) makes it harder to deny the evidence.
- Examination of the phone: When filing the complaint, you may ask for the phone to be examined by the prosecutor’s office or for an image of its contents to be taken. If an anonymous account was used, the account details are investigated through the prosecutor’s office; obtaining information from platforms abroad may take time.
- Audio recording: In practice, a victim’s recording, at the time, of a phone call in which frightening words were said may be accepted as evidence where there is no other means of proof; however, the person recording must take care not to violate the privacy of others.
If the content also amounts to insult or disclosure of private life, the routes for having it removed are different; we explain them in our article on insult on social media and removal of content.
Step-by-step: what to do when you receive a threat #
- Put your safety first: If there is imminent danger, call 112; do not continue the argument and do not write harsh words in reply.
- Secure the evidence without deleting it: Before blocking, take screenshots, export the chat, and note down links and usernames.
- Identify witnesses and recordings: If the words were said face to face, write down the names of those present and the locations of nearby cameras; camera recordings may be deleted within a short time.
- File a complaint: Apply to the police or directly to the Chief Public Prosecutor’s Office (Cumhuriyet başsavcılığı); in your statement, repeat the words as exactly as possible and hand over your evidence.
- Request a protective measure: If the person making the threat is your spouse, former spouse, a family member or someone stalking you, request a measure under Law No. 6284.
- Follow the process: Consider the mediation offer; if a decision not to prosecute is issued, object to the criminal judgeship of peace (sulh ceza hâkimliği) within two weeks of service; if a case is brought, take part as an intervening party (katılan).
Relationship with a protective order under Law No. 6284 #
Law No. 6284 (on the protection of the family and the prevention of violence against women) expressly includes threats and pressure in the definition of violence. The victim can therefore request protection from the family court (aile mahkemesi), the police or the local administrative authority (mülki amir) without waiting for the outcome of the criminal complaint. The judge may order measures such as refraining from frightening, humiliating or degrading words and conduct towards the victim, not approaching the home and workplace, and not harassing the victim by means of communication. A measure is ordered for at most six months the first time and may be extended if the need continues.
The protective order and the criminal investigation are independent of each other: a decision not to prosecute in the investigation does not automatically lift the measure, and a protective order does not in itself mean a conviction. A person who breaches the order may be subject to coercive imprisonment (zorlama hapsi) of three to ten days for the first breach and fifteen to thirty days for repeated breaches, even if the act also constitutes a separate offence. Persistent stalking of the victim by a person subject to a restraining order is a more severely punished form of stalking. For how to apply, see our article on how to obtain a restraining order.
Outcome of the trial: HAGB, suspended sentence and judicial fine #
Since in the simple form the penalty is in most files set close to the minimum, in the event of a conviction several options other than serving the prison sentence come into play:
- Judicial fine: For a threat against property or of some other harm, the law provides for imprisonment and a judicial fine as alternatives. If imprisonment has been chosen, that sentence can no longer be converted into a fine. For a threat against life or body, however, a prison sentence of one year or less may, depending on the defendant’s situation, be converted into a judicial fine or other alternative sanctions. One day of judicial fine is set at between 100 TL and 500 TL.
- Suspended sentence: A prison sentence of two years or less may be suspended if the statutory conditions are met.
- Suspension of the pronouncement of judgment (HAGB): Under CMK 231, as reorganised by Law No. 7589 on 31 July 2026, an HAGB decision may be given for imprisonment of two years or less or a judicial fine, provided that the defendant has no previous conviction for an intentional offence, the court is satisfied that no further offence will be committed, and the damage is compensated (or, if it cannot be compensated immediately, paid in monthly instalments during the supervision period). The supervision period is five years; during this period HAGB cannot be given again for an intentional offence. An HAGB decision can be challenged by appeal (istinaf).
For how the supervision period works and its effect on the criminal record, see our guide on suspension of the pronouncement of judgment. In the aggravated form the minimum is two years, so unless reductions are applied, the possibility of HAGB and a suspended sentence narrows.
Differences between threat, insult, stalking and blackmail #
More than one offence may be present in the same exchange of messages. Correct characterisation directly affects the complaint period, mediation and the penalty:
Comparison of the four offences #
| Offence | Essence | Penalty | Complaint / mediation |
|---|---|---|---|
| Threat (art. 106) | Frightening someone by announcing that some harm will be done in the future | As in the table above | Mediation available in the simple form; complaint required only for threats against property / of some other harm |
| Insult (art. 125) | An attack on honour, dignity and reputation; swearing or imputing a concrete act | 3 months – 2 years’ imprisonment or a judicial fine | As a rule prosecuted only upon complaint; no mediation, pre-payment available (except insult against a public official in connection with their duties) |
| Stalking (art. 123/A) | Causing serious unease or fear for one’s safety by physically following someone or persistently trying to contact them through means of communication | 6 months – 2 years; 1 – 3 years’ imprisonment in the aggravated form | Prosecuted only upon complaint; no mediation |
| Blackmail (art. 107) | Forcing a person to do something unlawful or to provide an unjust benefit by saying that one will do or not do something | 1 – 3 years’ imprisonment and a judicial fine of up to 5,000 days | Not dependent on a complaint |
Overlap with persistent stalking #
In stalking it is not a single remark but a continuing pattern of behaviour that is punished; if this behaviour also includes frightening words, both offences may be pursued separately. Words tied to a demand for a benefit, such as “I’ll spread your photos, send the money”, are usually not a threat but blackmail (şantaj).
Where the threat turns into action, that is where there is physical contact or injury, the offence of intentional injury also arises; for the sentence ranges and mediation see our article on the penalty for intentional injury.
If a threat complaint has been made against you #
If you are a suspect, it is important not to go to your statement unprepared. The context of the words, whether there was a mutual argument, the messages in full and previous correspondence form the basis of the defence. If only part of a message has been submitted as a screenshot, you may ask for the whole correspondence to be examined. Messaging the other party to ask them to withdraw the complaint, however, may lead to a new criminal accusation and a protective measure. For your rights during the statement, see our article on giving a statement at the police station and the prosecutor’s office, and for the entire investigation and prosecution process, our Istanbul criminal defence lawyer page.
Short summary #
- The penalty for a simple threat against life, body or sexual inviolability is 6 months – 2 years’ imprisonment; if committed against a woman, the minimum is 9 months.
- Only threats against property or of some other harm depend on a complaint; the complaint period is 6 months from learning of the act.
- The whole of TCK 106/1 is within the scope of mediation; aggravated threats (2 – 7 years) and threats committed together with stalking are outside it.
- For an offence committed by message, a screenshot showing the number and date, a chat backup and, where necessary, a notarial record strengthen the evidence.
- This act may on its own be sufficient grounds for a protective order under Law No. 6284.
- On conviction, a judicial fine, a suspended sentence or HAGB may come into play; an HAGB decision can be appealed.
This content is for general information purposes only and does not replace legal advice on a specific case. Time limits and conditions may change according to the legislation in force.
