The crime of theft is an important crime type that is regulated in detail in the Turkish Penal Code (TCK) and is among the crimes committed against property. The investigation, prosecution and punishment of this crime are limited to certain periods. These periods are called “statute of limitations” in law. So, how many years is the statute of limitations for the crime of theft? Here are the details:
1. Definition of the Crime of Theft
According to Article 141 of the Turkish Penal Code, theft is the taking of movable property belonging to another person without their consent. The crime of theft is divided into two as simple and qualified theft:
Simple theft (TCK 141): These are ordinary theft cases that do not involve violence or threat.
Qualified theft (TCK 142): This is a type of theft that requires a more severe penalty under certain conditions. For example, cases such as theft of property belonging to public institutions or theft by violating the inviolability of a person’s home are evaluated within this scope.
2. Statute of Limitations for Theft Crime
Statute of limitations means that a crime must be investigated and prosecuted within a certain period of time. There are two types of statutes of limitations in Criminal Law:
Statute of limitations for investigation (statute of limitations for litigation): If a lawsuit is not filed within a certain period of time from the date of the crime, the right to file a lawsuit is void.
Statute of limitations for the execution of a sentence: If the sentence given by the court is not executed within a certain period of time, the execution of the sentence is not possible.
The statute of limitations for the crime of theft varies according to the nature of the crime:
The statute of limitations for simple theft: 8 years
The statute of limitations for qualified theft: 15 years
3. Circumstances that Interrupt the Statute of Limitations
The statute of limitations may be interrupted or restarted in some cases:
Initiation of an investigation against the suspect
Filing a lawsuit
Repeat of the crime
The defendant’s failure to appear during the trial process (absconding)
Such situations may halt the statute of limitations or cause it to restart.
4. Complaint and Statute of Limitations for the Crime of Theft
The crime of theft is among the crimes that are not subject to a complaint. In other words, even if the victim withdraws his complaint, the prosecutor’s office may continue the investigation ex officio. However, if the victim does not report the crime, it may be covered up and the investigation may become impossible when the statute of limitations expires.
