Criminal law · Legal information

I Have Been Faced with an Accusation of Threat. What Should I Do?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

On a paper accusing a threat, the words claimed to have been said are read first. Then whether these words reached the addressee, and whether there is a claim of seriousness, are looked at from separate lines. The complaint route of the person who received the message is not on this page. You do not complete those words in a statement before you see the quotation.

The words that passed onto the paper

The first line of the accusation is the state, passed onto paper, of the words put forward as yours. If the words stand in quotation marks, the text that is read is that quotation. If there are no quotation marks, the words may be standing as the complainant's summary sentence. The summary does not stand in for the words claimed to be what you said. If the summary and the quotation conflict, both stay. Do not add a word from your memory.

The long account in the complaint petition and the short sentence entered in the record may not be the same text. If the short sentence is on the accusation paper, that sentence is read first. An extra word in the account is not included in the accusation by itself. If more than one sentence was quoted, each sentence stands on its own line. A new statement is not built by joining the sentences.

In the investigation your capacity is suspect. After the indictment is accepted, the capacity of accused does not erase the quotation. When a new paper arrives, read the quotation again. If a word that is not in the old record has appeared on the new paper, that word is not treated as said in the old statement. Defence counsel does not carry into your statement a word that does not stand on the paper.

The claim of reaching the addressee

The quotation may not be the same sentence as the claim that the words reached the target person. If it is written that the words stayed with a third person, reaching is looked for separately. If there is no reaching line, do not add it as if they had arrived. Which city the file is processed in does not have words that did not arrive treated as having reached the addressee.

The addressee is the person written on the paper as the one the words reached. A relative the claim of harm is directed at may not stand on the same line as the addressee. The relative's name does not by itself build that the words reached that person. If the paper has not written whom it treats as the addressee, do not invent a name. If more than one addressee was written, each name is a separate sentence. Words written as having reached one are not treated as having reached the other too.

Which channel the words went by is not looked for as the manner of use of the channel. What is read is whether the quotation and the claim of reaching stand side by side. If there is a record as a message, a letter, or someone else's relay, this record stands beside the reaching line. If there is no record, do not assume a channel. A screenshot is not the sentence of reaching itself. The image shows a moment. That that moment reached the addressee is looked for in a separate sentence of the paper.

The seriousness line

Seriousness is the claim that the words gave birth, in the addressee, to a possibility of coming about. If the paper writes this separately, that line is read. A record that stands as a coarse word, anger, or a joke is not completed into an accusation of threat while there is no sentence of seriousness. In which word the seriousness will be looked for is in the quotation in your hand. Do not build an example sentence and liken it to the paper.

The seriousness line and the reaching line do not complete each other. Even if the words arrived, if seriousness was not written, do not add seriousness. Even if seriousness was written, if reaching is blank, do not produce the reaching from the seriousness. The two lines are read side by side. If a witness says "I thought it was a joke", this sentence stands beside the seriousness line. The witness's sentence does not erase the seriousness line. Do not put the witness's word in place of the paper either.

A conditional sentence and a definite sentence

If a conditional sentence and a definite sentence stand apart on the paper, the two are not the same claim. Which sentence was charged is taken from the text inside the quotation marks. If there are no quotation marks, do not complete the words from memory. A sentence written as "if it happens" and a sentence written directly are not reduced to the same line.

Even if the name of insult passes in the same papers, that name is not opened here. Do not write the element of insult inside the threat quotation. If there are two names, you read two lines. In the statement, separate first which name you are answering. A word the other side expected, if it is not on the paper, does not become your sentence.

The body line is not written inside the words

How the person who received the message will keep the record, and where they will apply, is in the article on I received a threat message. That article does not stand in for the paper of the person against whom the accusation stands. If you are the suspect, do not take the application steps on that list as your own order of defence. The work in your hand is to read the quotation, the reaching, and the seriousness.

The general counterpart of a complaint is in the article on I was complained of. This page does not copy that list. It reads only the threat quotation. If a bodily result was written separately in the same papers, that line is not part of the words. The form of an act directed at the body is not looked for here. If the two results pass in the same event, the two lines stand apart. The words are not built with the bodily finding. The bodily finding does not have the words treated as proved either.

The statement is built after the quotation

The statement is not opened before the words on the paper are seen. The preparation is in the article on before giving a statement. This text does not reorder that preparation. Do not fill a sentence you do not remember with the words the other side expected. Your silence does not mean you accepted the quotation. The record is read to you before the signature. A word that did not pass into the record is not treated as said by the signature.

If there is a measure such as a prohibition of signature or a prohibition of leaving the country, this does not mean the words are established. The name of the measure is in the article on judicial control. The duty of the measure is not put in place of the seriousness line. Do not add the list of duties to this paper. A word that passes in the measure decision does not change the text of the quotation.

If a second statement is asked on the same day, first read the quotation in the first record again. A sentence that is not in the first record is not treated as added afterwards to the second record. If the quotation changed in the new indictment, the changed text is not accepted inside the old statement. Defence counsel sets the two texts side by side. Do not sign without separating which text you are answering.

Before you finish the reading, separate four boxes. The first box is the words inside the quotation marks. The second box is the person written as the one those words reached. The third box is whether the sentence of seriousness exists. The fourth box, if there is one, is the body line. If one of the four boxes is empty, do not fill the gap with the other three. The empty box stands in the file as it is. Do not carry a word into the empty box in the statement.

The capacity on the summons paper and the name on the accusation paper should belong to the same file number. If the number differs, do not treat the second file as part of this quotation. The complainant's statement is not the quotation itself. If the complainant summarises as "they said this", the summary does not by itself become the text of the words while there are no quotation marks. Do not put the summary in place of the reaching line either. The number of witnesses does not build the sentence of seriousness by itself. If there is no witness, and the written quotation stands, the quotation is read. If there is a witness and there is no quotation, the witness's sentence is not pasted in place of the quotation.

During the signature, do not turn a word you did not understand into the sentence of seriousness the other side expected. If the question asked goes outside the quotation, first say which box you are answering. Defence counsel separates whether the question went to the reaching line or to the seriousness line. A wide account given before this separation is made carries onto the record a statement that is not on the paper. The statement that was carried is not erased afterwards as "I did not say that". For that, the record is read sentence by sentence before the signature.

If the complaint counts more than one day, each day stands with its own quotation. The days are not joined into a single statement. If one day has quotation marks and the other day has only a summary, do not treat the summary as the continuation of the quotation. Reaching is looked for separately for each day. Words written as having reached one day are not treated as having reached the next day too. If the sentence of seriousness stands on only one day, that sentence is not spread to the other days. Do not melt the days into a single story in the statement. Separate which day's quotation you are answering. Let the separation appear on the record too. A separation that does not appear is not treated as having come into being by the signature.

Conclusion

The threat paper is read as three lines: the quotation, the reaching, and the seriousness. If one is absent, the other does not complete it. A conditional sentence and a definite sentence are not the same claim. The guide of the person who received the message is in a separate article. The frame is on the criminal law page. Your quotation may be read together with the lines in the file through contact. The basis is the texts of the Turkish Penal Code and the Criminal Procedure Code.

Legislation

Frequently asked questions

What should I do if it is not written that the words reached the addressee?

Read the quoted words and the claim that those words reached the addressee apart. If there is no sentence of reaching, do not add it as if they had arrived. Words written as having stayed with a third person are not the same claim as words that reached the addressee. The city where the file was opened does not fill this line either.

I said a coarse word. Is this treated as a claim of seriousness?

It is not treated so by itself. Seriousness is put forward separately on the paper. A record that stands as anger, a joke, or a conditional word is not completed into an accusation of threat while there is no sentence of seriousness. Which sentence was treated as serious is read from the quotation on the paper.

If the message is not mine, how do I read the screenshot?

The image is a moment pressed onto paper. If your name is not written on it, do not add the name. The image may show the text of the quotation. The claim that the words reached the addressee is looked for separately. Do not paste the image in place of the reaching line.

Which lines should I see before I enter the statement?

See the words entered on the paper, the addressee's name, and whether the sentence of seriousness was written. Defence counsel is present in this reading. Your silence does not mean you accepted the words. Do not complete a sentence you do not remember with words that are not on the paper.

If injury is also written in the same file, do I answer the words?

Look at the words line and the body line separately. If a bodily result was written separately, that line is not part of the accusation of the words. In the statement, separate the quotation first. If there are two names, build two answers. Do not write one inside the other.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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