CRIME OF THEFT (TCK 141)
If you need to specify the crime of theft by definition in the law a person who takes a movable property belonging to another without the consent of the zilied from his place of residence for the purpose of providing a benefit to himself or to another He will have committed the crime of theft. The crime of theft is addressed in the law both in its simple form and in its qualified form. In TCK md.142, the qualified cases of theft crimes are dealt with individually. We will consider this issue below when it comes to your turn.
The crime of theft is one of those crimes committed against the value of property and for the purpose of obtaining an economic benefit. By this law, a protection is introduced into the property of the person, the right to property. The property right secured by article 35 of the Constitution is protected.
Elements and Conditions of the Crime of Theft
- The property that is the subject of the crime must belong to someone else.
- In order for the crime of theft to occur, the item that is the subject of the crime must first be movable property. It is necessary to take movable property in the possession of another person without consent. Immovable property is not subject to the crime of theft.
- If the property does not belong to him, but the property is taken without the consent of the person holding the goods, the crime of theft will also be committed.
- The crime of theft is a crime that can be committed with special intent. That is, the perpetrator can knowingly and willingly only commit the crime of theft. Therefore, the crime of theft is not a crime that can be committed by installment.
- Intoxication provisions shall not apply when the perpetrator enters another person's dwelling for the purpose of committing the crime of theft. The perpetrator will be punished separately for crimes of theft, violation of housing immunity and damage to property.
- Theft offences are not indictable offences. So if you are also identified, an investigation can be launched into the perpetrator. Even if the victim drops the complaint because there are no crimes to complain about, the public case will be carried out again.
- In the case of the crime of simple theft (TCK md.141) between the parties pacification It is necessary to carry out the procedure. In the case of crimes covered by the settlement, both at the stage of investigation and prosecution, it is first necessary to apply the reconciliation procedure, and if a settlement is not reached, the investigation or trial should be continued.
Simple Theft Crime
The penalty for the crime of simple theft is between 1 and 3 years according to TCK 141. If we give a few examples of the crime of simple theft;
· Theft of umbrellas, bags, phones left in the beach area
· Theft of your belongings that you put on the bench in the parking area
· Theft, which occurs in the form of wandering on the road, fleeing from the victim with the pretext of calling a mobile phone, friend, etc...
Qualified Theft Offense
When we talk about the qualified cases of a crime, we are referring to cases that increase or decrease the punishment of that crime, that is, change the period of punishment given in the basic definition in the law. Qualified cases of the crime of theft are established in the law as follows.
- Whose property belongs to, in public institutions and establishments or places of worship, or allocated to the public good or service,
- about the item that has been left in a place where everyone can enter but locked up or stored in the building or its annexes,
- the goods contained in the means of transport made available to the public or at certain points of arrival or departure;
- about articles prepared for the purpose of preventing or mitigating the damage caused by a disaster or general disaster,
- Quantity or items left exposed by reason of their allocation or use,
- About electrical energy,
In the process of processing, from two years to five years sentenced to imprisonment of up to. of the crime;
- Taking advantage of the fact that the person is unable to protect his property or death,
- By pulling and picking up the object carried in the hand or on top, or by special skill,
- Taking advantage of the fear or turmoil generated by a natural disaster or social events,
- Unjustly obtained or by opening the lock with an imitation key or other instrument,
- Through the use of information systems,
- By taking measures not to be recognized or by wearing official adjectives when they do not have the authority,
- about large or small cattle in places of shelter, herd or open places,
In the process of processing, from three years to seven years sentenced to imprisonment of up to. If the crime is committed against a person who is unable to defend himself in terms of body or spirit, the penalty to be imposed up to a third is increased. In case of violation of the immunity of housing or the commission of a crime of damage to property for the purpose of committing a crime of theft, so that investigation and prosecution can be carried out for these crimes No complaints are sought.
Reasons that Increase or Decrease the Penalty in the Crime of Theft
· Night Time Theft: If the crime of theft is committed at night, the penalty given to the perpetrator in the manner described above is increased by half. What should be understood at night time is again according to the definition in Article 6 of the TCK From the term “night time”, the period of time that begins one hour after sunset and lasts until one hour before sunrise, That is, whether the perpetrator commits the crime of simple theft or the crime of qualified theft, if he commits the crime at night, the established basic penalty is increased by half. (TCK m.143)
· For the purposes of collection based on the property and legal relationship in common property: If the crime of theft is committed by one of the partners on the property in which he is a party or has an affiliate ownership relationship, or is committed for the purpose of collecting receivables based on a legal relationship, the perpetrator is punished with imprisonment from 2 months to 1 year or a judicial fine. If this form of the crime is committed, the investigation depends on the complaint of the victim. (TCK m.144).
· Lack of Value of Goods in the Crime of Theft: If the value of the property subject to the crime of theft is small, the offender may be reduced in the penalty, and the penalty may be waived (TCK m.145). If it is necessary to understand the low value of the property, the court will decide on the low value of the crime subject to the crime, taking into account the nature of the incident and the nature of the incident. It will be assessed whether the perpetrator is aware that the item he has taken is scarce. All cases will be considered when the perpetrator committed the crime, whether he received as much as he found, or whether he received only as much as he needed.
Use Theft
If the crime of theft is committed for the purpose of using the goods for a temporary period of time and being returned to custody, complain On it, the penalty to be given is reduced by half. However, this provision does not apply if the property has been used to commit a crime. For example, these provisions cannot be used if the car stolen from the victim and another place is robbed.
Obligation in the Crime of Theft
If the crime of theft is intended to meet a serious and urgent need, the penalty may be waived, depending on the nature of the incident, as well as a reduction in the penalty to be imposed. For example, all pharmacies are closed at night and if you do not find medicines, your patient will die, in this case, if you buy that medicine from a pharmacy, the mandatory provisions may come into play, or if you buy the coat hanging in the garden when it is about to freeze on a very cold winter day, this provision may come into play, or in this case the person who is about to starve to death is stealing food for his baby can benefit from it.
Effective Remorse in the Crime of Theft
If the damage suffered by the victim due to the crime of theft is remedied, the defendant effective remorse It is possible to obtain a penalty reduction due to (TCK m.168)
If the damage suffered by the victim due to the crime of theft is remedied during the investigation phase, that is, until the case is filed, it is reduced to 2/3 of the penalty. The penalty to be imposed on the accused is reduced by 1/2 in the stage of the prosecution for the crime of theft, i.e. if it is removed after the lawsuit is filed in court, the penalty to be imposed on the defendant is reduced by 1/2.
Competent and Competent Court in the Crime of Theft
The court in charge of the crime of theft is the Criminal Courts of Appeal. In accordance with the rules of jurisdiction contained in the Code of Criminal Procedure from the point of view of the competent court, the court where the crime was committed shall be the competent court.
Theft Lawyer
It will certainly be in your favor to file your defense together with a criminal lawyer, since they are punishable offenses and the penalties given are high in their nature. It does not matter where the lawyer who handles the theft cases you are going to work with is or where the crime was committed. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. Therefore, when searching, you do not need to search for theft lawyer Istanbul, theft lawyer Bakırköy, theft lawyer Çağlayan, theft lawyer Kartal.