Theft crime is one of the most common types of crime in daily life. In this respect, the legislator has arranged this crime in detail. Theft and punishment of theft are included in Articles 141-147 of the Turkish Penal Code No. 5237. The law enumerates the cases that aggravate the punishment, the situations where less punishment should be imposed, and how much punishment will be assigned to these acts. First, the conditions of theft crime should be examined.
Conditions of Crime of Theft
In order to speak of theft, two conditions are required. The conditions of theft crime are as follows;
1. Must Be A Portable Goods.
The first condition is that it is a portable goods in the middle. In this context, the subject of theft crime is movable goods. Portability is not determined according to the provisions of the Civil Code, but according to whether it can be physically moved from one place to another. In this context, the ship which is accepted as immovable according to the execution bankruptcy law is considered to be movable according to the criminal law and may constitute the subject of the crime of theft. Also the goods should have economic value. In this respect, according to the Court of Cassation [1], taking a few apples from the tree does not constitute theft. However, the purchase of goods with a moral value, even if they do not have economic value, constitutes the crime of theft. The stolen goods may be solid, liquid or gas. Theft of electrical energy also constitutes the crime of theft.
2.The goods must belong to someone else.
The concept of ownership includes ownership as well as possession. In this context, even if the property is not the owner of a person borrowed from his friend stealing the clock constitutes theft. Discarded, abandoned goods do not constitute the subject of theft. However, forgotten goods constitute the crime of theft. For example, a person washing his hand by removing the ring and put it on the edge of the sink and stealing the ring as a result is considered a crime of theft. The reason for this is that the person did not remove the property from the sovereign area by forgetting the property.
The conditions of the theft offense must exist at the same time. In other words, if even one of these conditions does not exist, no crime occurs.
Characteristics of Theft Crime
Perpetrator of a certain gender, occupational group, etc. does not affect the occurrence of the crime. In this respect, anyone can be the perpetrator in the crime of theft. The victim is the person whose property is taken away. It is not obligatory to own the property to become a victim of this crime. The possession of the property, that is, the person who actually holds the property, may also be the victim of this crime.
With the crime of theft, the right of possession of the persons, ie the actual sovereignty of the persons over the property, is protected. In this context, the purchase of a property sold or pledged by the owner on condition that the property is kept constitutes the crime of theft.
In accordance with Article 142/4 of the Turkish Penal Code, if the crimes of breach of the immunity of the house or harm to the property are committed in order to commit theft, no offense shall be applied and the perpetrator shall be punished separately for each crime.
Theft is a deliberate crime. In other words, the crime of theft cannot be committed inadvertently. However, theft can be committed with possible intent. In the same way, the perpetrator should think of benefiting himself or others in the theft crime.
In addition, someone else’s broadcast by watching cable TV, using the internet, talking by phone, etc. Acts such as theft, not the crime of unrequited exploitation.
Reasons aggravating punishment (Qualified cases of crime)
It is stated in the law that the penalty to be imposed in some cases will be increased. This is called qualified cases of crime. Qualified cases of theft crime should be examined in two groups in terms of punishment. In this context, according to Article 142/1 of Law No. 5237,
Theft crime;
> Processing in terms of goods allocated to public institutions, places of worship or public interest,
> In respect of goods in public transport or at their stops,
> In terms of goods prepared to prevent the damages of a disaster or danger,
> In terms of trades, purpose of allocation or the nature of the goods exposed due to the structure of use,
if it is committed, a prison sentence of three to seven years shall be imposed.
In Article 142/2 of Law No. 5237, the second group of aggravating reasons is included. For these reasons, the penalty to be imposed is more severe. Accordingly, the crime,
> Processing against the person who is unable to protect his property by taking advantage of this situation or in the death of the person,
> Processing with skills such as snatching or pickpocketing,
> Processing of natural disasters or social events by taking advantage of the turmoil,
> Processing with an unfairly held key or a key-like tool,
> Processing using information systems,
Concealing your identity or impersonating an official person,
> Processing of large or small ruminants,
> Processing of items that are open to the public but locked or left in the building or its attachments,
imprisonment of five years to ten years. If special offenses such as snatching or pickpocketing are used, the penalty is increased by one third if the offense is committed against persons who cannot defend themselves physically or spiritually.
If more than one aggravating reason exists at the same time, this shall be taken into account in the determination of the basic penalty under Article 61 of the Turkish Penal Code. Article 143 of the Law provides a general aggravating reason. Accordingly, if the crime is committed at night, the penalty will be increased by half.
Causes of Punishment
In some cases, the law provides for a lesser penalty. In this context,
> Theft for the purpose of use,
> Theft for the purpose of collection based on a legal relationship,
> Theft in order to meet a severe and urgent need, even though it does not reach the challenge,
> Theft of goods in the form of shared or joint ownership,
> Theft on low value goods,
Personal Reasons Alleviating Punishment
If the crime of theft is committed to a certain degree among relatives, the follow-up depends on the complaint. Accordingly, theft, separation decision of the spouses, brothers who do not live in the same house, uncle, uncle, who lived together in the same house, still, aunt, nephew or one of the relatives of the second-degree beech investigation is opened on the complaint. In this case, the penalty is reduced by half.
Reasons for Personal Impunity
If the crime of theft is committed against one of the spouses who have not been given a separation decision, the supreme or subnational, or such relatives of beech and one of the brothers living together in the same house, no penalty shall be imposed.
Theft Crime And Effective Repentance
According to Article 168 of the Turkish Penal Code, the penalty for the offender who compensates the damage after the theft but before the public case is brought is reduced by two thirds. If the loss is remedied before the public prosecution is opened, the penalty shall be reduced by one third.
Undertaking, Subsidiary, Inclusion
An attempted theft is possible. If the perpetrator had to end his act without his consent, for example, if the police heard the siren and left the property and escaped, the crime remained at the attempted stage. Theft is possible. In this context, if more than one person commits this crime, all of them are considered as associates and principal perpetrators. If the perpetrator committed theft by entering the house, he shall be punished separately for both theft and the violation of the immunity of the house. In this respect, smoking is possible in case of theft.
Complaint, Prepayment, Settlement, Timeout
The crime of robbery is investigated directly. Not subject to complaint. However, for the purpose of use, theft and theft among certain relatives are subject to complaint. The prepayment institution cannot be operated because only a judicial fine or a prison sentence of less than one year is foreseen. Theft crime is within the scope of mediation pursuant to Article 253 of the Code of Criminal Procedure. The penalty cannot be imposed until the settlement is tried.
The statute of limitations for theft is eight years for the basic form of the crime. For qualified cases, the statute of limitations is fifteen years.
Judicial fine, the release of the announcement of the provision
Theft cannot be subject to a judicial fine alone. Since the basic form of theft is foreseen from one year to three years’ imprisonment, it is possible to decide to suspend the disclosure of the provision if the sentence is sentenced to less than two years.
Punishment for Theft Crime
Theft and punishment of theft are stated in Article 141/1 of the Turkish Penal Code. The penalty for theft is one year to three years in prison. In addition, if the first group has aggravating reasons, the penalty for theft is three to seven years and the second group is aggravated for five to ten years.
The Difference Of Theft Crime From Similar Crimes
In theft of goods without the consent of the owner of the possession of fraud offenses, the victim delivers the goods to the perpetrator with his own consent. Of course, the will of the victim was misbehaved by cheating. In addition, the perpetrator takes the property for theft crime. However, in order for the fraud offense to occur, the perpetrator must use the goods unjustly. The subject of theft is only the movable property, while the subject of the fraud is both movable and immovable.
In case of theft of the property in the crime of theft of the possession of the owner of the property in the crime of abuse of property of the owner of the property gives the consent of the property. In the case of looting, the will of the victim is crippled by the use of algebra or violence, while the victim often does not know that theft is taken.
Judicial fine, the release of the announcement of the provision
Theft cannot be subject to a judicial fine alone. Since the basic form of theft is foreseen from one year to three years’ imprisonment, it is possible to decide to suspend the disclosure of the provision if the sentence is sentenced to less than two years.
Punishment for Theft Crime
Theft and punishment of theft are stated in Article 141/1 of the Turkish Penal Code. The penalty for theft is one year to three years in prison. In addition, if the first group has aggravating reasons, the penalty for theft is three to seven years and the second group is aggravated for five to ten years.
The Difference Of Theft Crime From Similar Crimes
In theft of goods without the consent of the owner of the possession of fraud offenses, the victim delivers the goods to the perpetrator with his own consent. Of course, the will of the victim was misbehaved by cheating. In addition, the perpetrator takes the property for theft crime. However, in order for the fraud offense to occur, the perpetrator must use the goods unjustly. The subject of theft is only the movable property, while the subject of the fraud is both movable and immovable.
In case of theft of the property in the crime of theft of the possession of the owner of the property in the crime of abuse of property of the owner of the property gives the consent of the property. In the case of looting, the will of the victim is crippled by the use of algebra or violence, while the victim often does not know that theft is taken.
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