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MATERIAL AND MATERIAL ELEMENTS OF THE CRIME OF THEFT

Theft crime TPC art. 141 et al. edited.

(1) A person who takes a movable property belonging to another person without the consent of the possessor from the place where it is located in order to benefit himself or someone else, is sentenced to imprisonment from one year to three years.

As we can deduce from the wording of the article, the legal value protected by this crime is possession. In order for this crime to occur, the movable property in his possession must have left the area of ​​domination without his consent.

There are different opinions in the doctrine in terms of the legal value protected by the crime. According to the prevailing view, the protected legal value is both property and possession.

The crime of theft is not characteristic in terms of the perpetrator. Anyone can be a perpetrator of this crime. But the owner of the property cannot be the perpetrator of the crime.

If the owner of the property is in possession of the property at the time of the crime, then the victim is the owner. However, the owner and possessor of a property may not always be the same person. If the property is in the possession of the possessor at the time of the crime, then the possessor is in the position of the victim and the owner is the victim of the crime. It should also be noted that legal entities cannot be victims of this crime, but they can be harmed by the crime.

The subject of the crime is a movable property belonging to someone else. In this case, what the goods are is determined according to the provisions of the TMK. According to this, movable things that have tangible assets, are non-human and can be the subject of property are considered as property. On the other hand, things that do not have physical existence such as claims, ideas and opinions, rights and value of property are not the subject of this crime.

The crime of theft is just a crime of movement. A crime occurs after the perpetrator abducts the property from the dominion of the possessor, and there is no need for a result.

QUALIFIED CASES OF THEFT CRIME

TCK Article 142 Offense of Qualified Theft:

(1) The crime of theft;

  1. a) Regarding the goods found in public institutions and organizations or places reserved for worship, or allocated for public benefit or service, regardless of who they belong to,
  2. b) About the goods found in the means of transportation offered to the public or at certain destinations or departures,
  3. c) About the goods prepared for the purpose of preventing or mitigating the damages that may be caused by a disaster or a general disaster,
  4. d) Regarding the goods left exposed due to their quantity or allocation or use,

In case of committing it, it is sentenced to imprisonment from three to seven years.

(2) Your crime;

  1. a) Taking advantage of the person’s inability to protect his property or his death,
  2. b) By picking up the hand or overhead goods or with special skill,
  3. c) Taking advantage of the fear or turmoil caused by a natural disaster or social events,
  4. d) By unlocking or preventing it from being locked with an illegally held or counterfeit key or other tool,
  5. e) By using information systems,
  6. f) By taking measures to avoid being recognized or by taking on an official title without being authorized,
  7. g) About large or small cattle
  8. h) In case of processing, a penalty of imprisonment from five years to ten years is imposed on the goods that are kept in a place accessible to everyone, but locked up or stored in the building or its annexes. If the offense is committed against a person who is unable to defend himself in terms of body or spirit, as specified in subparagraph (b) of this paragraph, the penalty to be imposed is increased by one third.

(3) If the crime is committed in the facilities of liquid or gaseous energy and their transportation, processing or storage, a prison sentence of five to twelve years is imposed. If this act is committed within the framework of the activity of an organization, the penalty is increased by half and a judicial fine of up to ten thousand days is imposed.

(4) In case of violating the inviolability of the home or damaging the property for the purpose of committing the crime of theft, a complaint is not required for investigation and prosecution for these crimes.

(5) In case of a temporary disruption of public service in the field of communication, energy or railway or air transport as a result of committing the crime of theft, the penalty to be imposed in accordance with the provisions of the above paragraphs is increased from half to two times.

Article 143 of the TCK: If the crime is committed at night, the penalty to be imposed is increased by half.

CIRCUMSTANCES REDUCING THE PENALTY FOR THEFT CRIME

Cases requiring less punishment TCK m. Edited in 144:

The crime of theft;

  1. a) On the property owned by a stakeholder or jointly,
  2. b) For the purpose of collecting a receivable based on a legal relationship.

LOW VALUE OF THE PROPERTY IN THE CRIME OF THEFT: TCK art.145

Due to the low value of the property that is the subject of the theft crime, the penalty to be imposed can be reduced, or the penalty can be waived, taking into account the type and characteristics of the crime.

Theft is a crime that can be committed intentionally, it cannot be committed by negligence. However, direct intent is not enough, the perpetrator must also act to benefit himself or others.

VOLUNTARY CANCELLATION AND EFFECTIVE REGRET IN THE CRIME OF THEFT

           Voluntary renunciation and effective repentance are regulated in the crime of theft.

  • TCK m. According to the provision of 168, if the perpetrator compensates the damage to the property of the victim, he can benefit from the provision of effective repentance.
  • According to Article 36 of the TCK, the perpetrator voluntarily gives up committing the crime before the execution actions are completed, or if he prevents the crime from being completed even if the enforcement actions have been completed, he can benefit from the voluntary abandonment provisions.

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