The crime of theft is considered a serious crime under the Turkish Penal Code (TCK) and in some cases, an arrest warrant may be issued. However, it is not mandatory to issue an arrest warrant in every theft case. Courts evaluate the arrest warrant based on the nature of the incident, the suspect’s condition and the evidence.
The Crime of Theft and Its Place in Criminal Law
According to Article 141 of the Turkish Penal Code, “a person who takes another’s property without the consent of the possessor in order to benefit himself or another person” is considered to have committed the crime of theft. The crime of theft is divided into two categories: simple and qualified:
Simple Theft (TCK 141): Covers ordinary theft cases for which lighter penalties are prescribed.
Qualified Theft (TCK 142): Theft crimes committed with a weapon, in an organized manner, at night or by violating the inviolability of the home are evaluated within this scope and are subject to more severe penalties.
When is an Arrest Warrant Issued?
According to the Code of Criminal Procedure (CMK), arrest is a protective measure that can only be applied under certain conditions. Courts may issue an arrest warrant by taking the following into consideration:
Suspect’s Suspect’s Escape: An arrest warrant may be issued if there is a possibility that the suspect will escape and may prevent the collection of evidence.
Status of Evidence: The existence of concrete evidence and strong suspicions that the suspect committed the crime may be grounds for arrest.
Nature of the Crime: The probability of arrest is higher in qualified theft crimes, such as theft committed with a weapon or in an organized manner.
Risk of Repeat Offense: The fact that the suspect has previously committed similar crimes or is likely to continue committing crimes may direct the court to issue an arrest warrant.
Status of the Victim and Public Order: The victim’s complaint, the impact of the incident on society and threats to public order may also be effective in the arrest warrant.
In Which Cases is an Arrest Warrant Not Issued?
An arrest warrant is not issued in every theft case. In particular, in the following cases, milder measures such as judicial control may be applied instead of arrest:
First-time offenders may be released in minor theft cases.
If the suspect has no fixed residence and is not a risk of escape, probation may be applied instead of arrest.
If the value of the stolen goods is low and the damage has been repaired, the court may apply a milder punishment method.
The arrest decision for the crime of theft varies depending on the characteristics of the incident. While the probability of arrest is higher in qualified theft crimes, alternative measures such as judicial control may be applied in simple theft cases. If you are going through a legal process regarding the crime of theft or want to get detailed information, it would be useful to consult an expert criminal lawyer.
