The crime of theft is a crime committed against property, regulated in Articles 141 and following of the Turkish Penal Code. However, in this crime committed by stealing property belonging to a person or an organization, what is the penalty status if the plaintiff withdraws his complaint?
The Crime of Theft and Public Lawsuit
The crime of theft is not a crime subject to complaint. In other words, if the crime is committed, the prosecutor’s office initiates an investigation ex officio and may take the case to court. Therefore, the plaintiff’s (victim’s) withdrawal of his complaint does not automatically ensure that the case is dismissed.
Does the Plaintiff’s Withdrawal of His Complaint Affect the Penal Status?
The plaintiff’s withdrawal of his complaint may affect the defendant’s sentence under certain conditions:
Simple Theft Crime (TCK 141)
The victim’s withdrawal of his complaint does not affect the criminal trial and the defendant may continue to receive punishment. However, it may be possible to reduce the sentence.
Qualified Theft Crime (TCK 142)
Qualified theft crimes (committed at night, committed from public institutions, etc.) are subject to more severe penalties and in this case, withdrawing the complaint does not stop the case.
Unjust Use (TCK 146)
If the situation of using a property without permission and leaving it back is considered as “unjust use” rather than “theft”, the victim’s withdrawal of the complaint may drop the case.
Reconciliation
Some theft crimes are subject to reconciliation. If the parties reconcile and the victim accepts that the damage has been remedied, the criminal case may be dropped.
The plaintiff’s withdrawal of the complaint usually does not cause the criminal case to end completely. However, in certain cases, the penalty the defendant will receive may be reduced or the case may be dropped due to reasons such as withdrawing the complaint, reconciliation or compensation of the damage. It is important to get support from an expert criminal lawyer to obtain detailed legal information about theft crimes.
