Conditions for Damage to Property

The crime of damaging property is the crime of partial or complete destruction, destruction or destruction, degradation, rendering of usable or contaminated of movable or immovable property belonging to someone else. The crime and punishment for damaging property is regulated in articles 151-153 of the Turkish Penal Code No. 5237. First, the conditions of the crime of damaging the property should be examined.
Conditions for Damage to Property
The existence of certain conditions is required in order to talk about the crime of damaging the property. The conditions of the crime of damaging the property are as follows;

1.The damage intent must be found.
In order for the crime of damaging the property to occur, the perpetrator must have the intent to harm. The perpetrator should know and request that someone else’s property is destroyed, destroyed, destroyed.
2.The goods must belong to someone else.
Damage to one’s own property does not constitute the crime of damaging the property. One should carry out these actions on the goods he knows to be the property of another.
The conditions of the offense of property damage must be present at the same time. In other words, even if one of the conditions is missing, no crime occurs.
Properties of Damage to Property
The crime of damaging property is one of the crimes committed against the assets. With this crime, the right to property is protected by possession. Crime is not characteristic in terms of perpetrator. Occupation, gender and so on. Everyone can be the perpetrator of this crime, regardless of the property. The victim of the crime is the person who has the right to directly benefit from the property damaged while the owner of the property. The victim may be a natural person or a legal person.

The crime of damaging the property may be committed on the movable or immovable property of another person. Damage to one’s own property does not constitute this crime. On the contrary, for the person who destroys and burns his goods in such a way as to endanger the general security, the procedure may be taken within the scope of the crime of endangering the general security. This crime does not occur in respect of unclaimed property. However, a crime occurs in terms of forgotten goods. Because in this case the owner of the property has not removed its property from the sovereign area. Damage to the property of one of the partners in the cooperative property constitutes the crime of damaging the property.
The subject of the crime of damaging property is the goods of economic value. However, it is accepted that this crime will also occur in terms of the goods having moral value although it does not have economic value. Rights and receivables are not included in this crime. However, if damages to the valuable documents do not constitute the crime of destroying the special document and destroying it, it may be considered within the scope of the crime of damaging the property. Energy and gases may also be the subject of this crime. Wasting them is considered damage to property.

Ownership of animals is considered to be wild or competent, and the damage inflicted on them constitutes the offense of damaging the property. The crimes committed against the dead human body are not the crime of damaging the property, but the offense of insulting the memory of the person.
Damage to property is an optional offense. In other words, in order to commit the crime of damaging the property, the goods listed in the law must be partially or completely destroyed, destroyed or destroyed, degraded, rendered unusable or contaminated. An action not covered by these actions cannot constitute a crime of damaging the property. This crime can be committed by an act of execution or neglect. Making it unusable is the elimination of the possibility of exploiting the goods. If the goods are not destroyed but the goods can no longer be exploited, a crime occurs. If the pollution can be removed with a simple cleaning, no crime occurs.

If the perpetrator damages someone else’s property due to the condition of being forced under the Article 25/2 of the Turkish Penal Code, no penalty shall be imposed. However, compensation may be requested.
The crime of damaging the property cannot be committed by accident (unintentionally, accidentally). The perpetrator should be aware of what he is doing and knowingly and intentionally damage someone else’s property. The perpetrator should also know that the property belongs to someone else. The person who damages someone else’s property by assuming his own property has made a fundamental mistake and is not punished.
The prosecution is done in the criminal court of first instance for the crime of damaging the property.

Reasons Increasing Punishment
In some cases, the legislator foresees a heavier penalty. These;
> Committing the offense against movable or immovable property that is owned by public institutions or organizations and reserved for public service,
> Damage to property may result in fire, flood, etc. processing of goods allocated for the prevention of natural disasters and accidents,
> Treatment of all kinds of planted trees or saplings, regardless of where the property is damaged,
> Committing crime against watering, drinking water supply and facilities providing protection against natural disasters,
> In the event of a strike or lockout, the offense is committed against the structures used and used by workers, trade unions or employers, and against such goods,
> Committing the offense against structures and articles of political parties or public institutions,
> Committing the crime for revenge on the public official,

in cases where the perpetrator is sentenced to one to four years in prison. The law provides for more severe penalties for some forms of crime than for qualified cases. Accordingly, the crime,
> Processing by burning, using combustible or explosive substances,
> Processing of landslides, avalanches or floods,
> Processing by using nuclear, biological, chemical weapons or by exposure to radiation,
In such cases, the penalty is envisaged to be increased one fold. It was also stated that if the energy, airway and railway transportation were interrupted due to damage to the property, the fine to be imposed would be increased from half to twice.
Causes of Punishment
The prosecution of the offense of property damage among certain relatives is subject to complaint and the penalty is reduced by half. In this context, the crime of damaging the property,
> One of the spouses for whom the separation decision was made against the other spouse,
> One of the siblings who do not live in the same residence against the other sibling,

If the uncle, who lives in the same residence, is still committed against his uncle, aunt, nephew or second-degree relatives, the prosecution is subject to a complaint and is reduced to half.
Reasons for Personal Impunity
As in the case of theft, as well as the crime of damaging the property, the fact that the crime was committed against certain relatives was considered as the reason for impunity. In this context, the crime of damaging the property,
> One of the spouses with no separation decision against the other spouse,
> One of the brothers living in the same residence against the other brother,
> Adoption or adoption versus each other,
> Upsource or downsource to each other,
in the event of a personal impunity, the offender shall not be punished.
The crime of damaging property and effective regret
According to Article 16 of the TPC, if the victim is compensated for the same damage after the crime but before the prosecution, the penalty shall be reduced to two thirds. Effective regret is reduced to half after the prosecution commences only if it is applied without a judgment.

Undertaking, Subsidiary, Inclusion
Attempted to harm property is possible. In this context, the perpetrator to stop the vehicle with a sledgehammer is an example of the crime of damaging the property left in the attempted stage. The crime of damaging property is not characteristic of participation. In this context, in case two people break the windows of a shop together, both people are the perpetrators of the crime and the principal perpetrator. If another offense is committed with the act of damaging the property, it is possible to apply to socializing, ie to increase the penalty.
Complaint, Prepayment, Settlement, Timeout
The basic form of the crime of damaging the property depends on the complaint. Likewise, the basic form of crime is subject to conciliation. Follow-up of qualified cases of crime is made by person and is not subject to complaint. In addition, if the offense has occurred among relatives with a certain affinity, a personal impunity may apply. Prejudice cannot be applied for the crime of damaging the property, since only a judicial fine is not foreseen and the imprisonment exceeds six months.
The statute of limitations for the basic form of property damage is eight years from the date of the crime. Investigations and prosecutions must be conducted within this period and the perpetrator should be punished. In terms of qualified cases of damaging property, the statute of limitations is fifteen years.

Judicial fine, the release of the announcement of the provision
A criminal fine was provided for the crime of damaging the property. Since the sentence of four months to three years is foreseen for the offense of damaging the property, a decision may be taken to discontinue the announcement of the provision if there are other conditions for imprisonment under two years. However, judicial fines cannot be postponed.
Punishment for Damage to Property
The crime and punishment for damaging the property is regulated in Article 150 of the Turkish Penal Code. The penalty for damaging the property is a prison sentence of four months to three years or a judicial fine for the basic form of the offense. In the presence of qualified cases specified in Article 152 of the Law, the penalty for damaging the property is one year to four years imprisonment.
The Difference Of The Damage Of Goods From Similar Crimes
While the crime of damaging property may be committed on movable or immovable property, the crime of theft and looting can only be committed in terms of movable property. In the crime of damaging property, the perpetrator has the intention of exploiting the property and theft and looting.