Crime of Plunder (Extortion) (TCK 148-150)
The crime of plunder, or the crime of extortion, otherwise known as the crime of extortion, consists in the taking of securities belonging to someone else using algebra or threats. The crime of looting is one of the types of crimes committed against one's property in TCK. But in some cases this crime is also committed with a violation of the body integrity of the victim.
In order for the crime of looting to be completed, the victim must, under the influence of the algebra or threat used, deliver the goods or resist the receipt of the goods. In this regard, the algebra or threat used must be conducive to directing the person not to give voice to the delivery or receipt of the goods. If an algebra or threat of this nature has led to the surrender or receipt of the goods simply because the victim is more timid than usual, there can be no mention of the crime of plunder, and the act must be characterized as theft.
The delivery or receipt of goods implies the termination of the victim's ownership of the property that constitutes the subject of the crime, making it impossible for the victim to exercise the savings rights arising from the possession of this property.
The legal value protected in the TCK in the crime of plunder is the bodily immunity, dignity and property of the person.
Conditions for the Occurrence of the Crime of Loot
In the text of the law ''A person who compels another person not to resist the delivery or receipt of a good, by threatening or using algebra with a bet that he will commit an attack on the life, bodily or sexual immunity of himself or a relative or that will cause great damage to his propertyIt has been described as. Then let us talk about the existence of plunder (extortion);
Receipt of Goods Owned by Someone Else
The crime of extortion and theft are similar in this aspect. That is, for the existence of both crimes to be mentioned, the property in question must belong to someone else. Here, the law considers that the existence of property belonging to another person is sufficient. Dignity means the actual possession of a property. That is, the right of ownership of the property does not have to be in the person. For example, this crime occurs as a result of the usurpation of a property that you have rented by someone else.
Using Algebra or Threats
In the crime of plunder (extortion), the victim is threatened or algebra is applied to the victim. The victim may be threatened with the fact that his or her life, bodily or sexual immunity will be attacked, as well as a great detriment to his property. Or the goods at hand can be forcibly taken using algebra. For example, someone on the street pinching you with a stick or gun and saying, “Give me the money in your pocket, your cell phone or I will kill you” constitutes the crime of looting using threats. Or it creates the crime of looting by using algebra, as a result of which it empties your pockets by squeezing your throat or forcing you to lie on the ground. As is seen in most of the mugshot crimes that are often seen in our country, it constitutes the crime of looting by using algebra to force a lady's purse by dragging her on the floor.
Punishment for the crime of plunder (extortion)
In TCK, both simple and qualitative forms of looting are arranged. It is the simple version of the loot that we mentioned above. That is, the state processed using pure algebra or threat is simple loot.
Punishment in its simple form for the crime of plunder
''A person who compels another person not to resist the delivery or receipt of a good by betting or using algebra that he will commit an attack on his or her life, bodily or sexual immunity, or will cause great damage to his or her property, punishable by imprisonment from six years to ten years.”
Punishment for the Crime of Plunder Committed in its Qualified Form
First of all, it is worth listing the qualified cases of the crime of looting (extortion);
· With a gun,
· By making the perpetrator himself unrecognizable,
· Processing together with more than one person,
· Against a person who is unable to defend himself in terms of body or spirit,
· Taking advantage of the frightening power of existing or deemed to exist criminal organizations,
· It is processed at night time.
To the perpetrator in the case of the commission of qualified cases of the crime of looting Imprisonment from 10 years to 15 years will be punished with. In cases where the crime of looting is committed with the presence of more than one qualification, the judge appoints punishment by moving away from the lower limit.
In addition, if one of their cases is committed as a result of the crime of deliberate wounding during the commission of the crime of plunder, the provisions relating to the crime of intentional wounding shall also be applied to the perpetrator.
Cases Requiring Less Punishment in the Crime of Loot (TCK 150)
Cases requiring less punishment in the crime of plunder were also included by the legislator. These are;
Offense of plunder for the purpose of collection based on a legal relationship
If the crime of plunder is committed for the purpose of collecting receivables based on a legal relationship, the perpetrator is punished for the crime of threatening or intentionally injuring the perpetrator according to the nature of the act committed. The legal receivable here must be a receipt that must actually exist. This will apply, for example, in cases where the existence of a receivable is legally proven in any other way as if the existence of a receivable is established under a lease agreement, in the year or under the contract.
Penalty Reduction Due to Lack of Value of Goods in the Crime of Loot
If the value of the property that constitutes the subject of the crime of looting is low, a reduction of between 1/3 and 1/2 is applied to the person who committed the crime at a rate ranging from 1/3 to 1/2. What is meant by the low value of the commodity is that it has little economic value. For example, it has little value, such as bread, water, cigarettes, or the extortion of 1 TL. If, according to the criteria established by the Supreme Court and the jurisprudence, the person who committed the crime receives less while there is the possibility of receiving more “the low value of the goods” a penalty reduction is applied on the grounds. For example, if the victim is asked for all his money by algebra or threats, if the victim has only 3 TL above the victim, the discount will not be applied if all of them are received, but if there is 30 TL on it, only 3 pounds will be received if the victim is received.
Attempt in the Crime of Plunder (Extortion)
The attempt is that the perpetrator takes action to commit the crime and is unable to complete the crime for reasons that are not in his own hands. If the crime remains in the attempted stage, a reduction in the penalty will be given to the perpetrator.
In the case of the crime of looting, it is possible to apply the provisions of the enterprise. In order for the crime of looting to be completed, the person must not resist the delivery and receipt of the goods as a result of algebra or threats. If the perpetrator fails to complete the crime of looting for reasons not in his hands, the crime will remain in the attempted stage and the provisions of the attempt will be applied.
Effective Remorse Provisions in Plunder Crimes (TCK 168)
Effective remorse is the act of feeling remorse for the crime committed without any pressure, the manner in which the crime was committed, the accomplices of the crime, or when the victim recovers the damage. Effective remorse is possible in the crime of looting. The person who wishes to benefit from effective remorse provisions can benefit from effective remorse provisions if the person who committed the crime provides the names of the accomplices, the perpetrators, or those who assisted the crime. Recovering the damage suffered by the victim by means of restitution or compensation is sufficient to benefit from effective remorse provisions.
After the crime of looting has been committed, but before the trial is opened, that is, if one finds effective remorse during the investigation phase, the penalty can be reduced by half. After the case has been opened but before the verdict is made, i.e. if there is effective remorse during the prosecution phase, the penalty can be reduced to 1/3.
Plunder (Extortion) Lawyer Istanbul
It will certainly be in your favour to file your defence together with a criminal lawyer as they are punishable offences by the nature of looting offences and the punishments handed down are extremely heavy. It does not matter where the lawyer who handles the extortion cases in which you are going to work 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. That is why you do not need to search for plunder lawyer Istanbul, plunder lawyer Bakırköy, plunder lawyer Çağlayan, plunder lawyer Kartal.