The crime of theft is a crime regulated in Article 141 of the Turkish Penal Code (TCK) and involves taking someone else’s property without their consent. However, if this is the first time the person has committed this crime, the amount of the penalty and the duration of execution may vary depending on various factors.
Punishment for the Crime of Theft
According to Article 141 of the TCK, the penalty for the crime of simple theft is imprisonment from 1 to 3 years. However, depending on the place and conditions where the crime was committed, the penalty may be increased or reduced.
Qualified theft is evaluated under Article 142 of the Turkish Penal Code and the penalties increase in the following cases:
Committing theft by violating the person’s home inviolability (3-7 years in prison)
Committing theft in public institutions or places of worship (5-10 years in prison)
Committing theft using information systems (3-7 years in prison)
Penalties for First-Time Theft
A person who commits the crime of theft for the first time is sentenced depending on the characteristics of the incident. However, there may be some mitigating factors:
1. Suspension of Announcement of Sentence (HAGB)
If the defendant has committed the crime of theft for the first time, the court may decide to suspend the announcement of the sentence (HAGB). This decision means that the sentence will not be executed if no crime is committed during a certain period of supervision. However, compensation for the victim’s damage is an important criterion for HAGB.
2. Suspension of Sentence
Taking into account the defendant’s past, the manner in which the crime was committed and his/her remorse, the court may decide to suspend the sentence. In this case, the defendant is subject to a period of supervision and if he/she does not commit a new crime, the sentence will not be executed.
3. Commutation into a Fine
If the defendant has been sentenced to a prison sentence of 2 years or less, this sentence can be converted into a fine. In this case, the defendant will not serve time in prison, but will have to pay the determined fine.
4. Appeal and Appeal Processes
If a person convicted of the crime of theft thinks that the sentence given is wrong, he/she can appeal or appeal the decision. During this process, it is possible to reduce or change the sentence.
A person who commits theft for the first time may receive a prison sentence of 1 to 3 years, depending on the manner in which the crime was committed. However, when legal advantages such as HAGB, suspension of sentence or conversion to a fine are taken into consideration, the prison sentence may generally not be executed. The best way would be to get support from a criminal lawyer regarding the details of the legal process and the situations that are in favor of the defendant.
