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TCK m. 151                         

(1) A person who partially or completely destroys, destroys, destroys, renders unusable or pollutes the movable or immovable property of another person is punished with imprisonment from four months to three years or a judicial fine, upon the complaint of the victim.

(2) The provisions of the above paragraph shall apply to the person who, without a justified reason, kills the animal, renders it useless or causes its value to decrease.

MATERIAL AND MATERIAL ELEMENT IN THE CRIME OF DAMAGE TO PROPERTY

The legal value protected by the crime of damaging the property is the right to property. The subject of the crime is a movable or immovable property belonging to another person. In this crime, unlike the theft crime, it can also be committed on the goods that have been delivered voluntarily.

IS THE CRIME OF DAMAGE TO PROPERTY REALIZED OUT OF THE CIRCUMSTANCES REGARDED BY THE LAW?

The crime of damaging property is an optional mobile crime. The acts with which the crime can be committed are listed in the article of the law. Acts not listed in the article do not constitute this crime.

  • Damage to property in the form of demolition
  • Damage to property in the form of destruction
  • Damage to property in the form of destruction
  • Damage to property in the form of pollution
  • Damage to property by spoiling or rendering it unusable
  • Damage to property in the form of harming or killing a owned animal

QUALIFIED CASES OF DAMAGE TO PROPERTY

It is enumerated in TCK article 152:

(1) The crime of damaging the property;

  1. a) About the place, building, facility or other property belonging to public institutions and organizations, allocated for public service or reserved for public use,
  2. b) About all kinds of goods or facilities dedicated to protection against fire, flood, accident and other disasters,
  3. c) About all kinds of planted trees, saplings or vines wherever they are, excluding places with state forest status,
  4. d) About facilities for irrigation, supply of drinking water or protection from disasters,
  5. e) Regarding buildings, facilities or goods owned or in use by employers or workers or employers or workers’ unions or confederations in case of strike or lockout,
  6. f) About the building, facility or property owned or in the use of political parties, professional organizations in the nature of public institutions and their superior organizations,
  7. g) Even if it has ended, in case it is committed to the detriment of a public official to avenge his duty, the perpetrator is sentenced to imprisonment from one year to six years.

AGAINST PENALTY REASONS FOR DAMAGE TO PROPERTY

 (2) The crime of damaging the property;

  1. a) By burning, using incendiary or explosive materials,
  2. b) By causing landslides, avalanches, floods or overflows,
  3. c) If it is committed by exposing it to radiation, using nuclear, biological or chemical weapons, the penalty to be imposed is doubled.

The crime of damaging the property is a crime that can be committed intentionally, it is not checked whether the perpetrator has the purpose of providing additional benefit. There is no damage to property by negligence. Negligence is when the perpetrator knowingly and willingly does the act but does not want the result. Not every crime can be committed by negligence and can only be committed with intent. It is not possible to commit the crime of damaging the property by negligence. However, it is possible to commit the crime of damaging the property with direct intent.

If the act constitutes one of the qualified cases of the crime listed in the article of the law and is not committed with a single act, a separate penalty is imposed for each result.

IS THE CRIME OF DAMAGE TO PROPERTY SUBJECT TO COMPLAINT?

The basic form of offense is subject to complaint. The victim of the crime must use it within 6 months from the date of learning about the perpetrator and the act. Qualified cases of crime are investigated ex officio, and in this case, the 8-year statute of limitations applies.

DOES EFFECT REGRET BE APPLIED ON THE CRIME OF DAMAGE TO PROPERTY?

The basic form of crime is subject to mediation. If the conditions are met, effective remorse and personal impunity can be applied in this crime. If the conditions are met, it is possible to convert the prison sentence to a judicial fine, to postpone the announcement of the verdict and to postpone the prison sentence.

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