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The Crime of Theft and Public Lawsuits<\/p>\n
According to the Turkish Penal Code, the crime of theft, like the crime of “damaging property”, is important for both the victim and the protection of public order. However, the crime of theft is not a crime subject to a complaint. In other words, the state can investigate and prosecute the crime of theft even if the victim does not complain.<\/p>\n
At this point, the answer to the question of whether the crime of theft will turn into a public lawsuit depends on the way the crime is committed and the victim’s reaction to the situation.<\/p>\n
Cases of Transformation into Public Case<\/p>\n
1. A Public Case Can Be Filed Even Without a Complaint:
\nThe crime of theft is a crime that is not subject to a complaint. Since the crime of theft is considered an act that disrupts public order in the Turkish Penal Code, the prosecutor is obliged to investigate the crime even if the victim does not file a complaint. This shows that the crime of theft can be transformed into a public case.<\/p>\n
2. The State’s Obligation to Investigate the Crime:
\nThe state, due to its obligation to protect the public and provide justice, can directly intervene in crimes that concern society, such as theft. In particular, situations such as the theft of public property directly become public cases. In this case, even if the victim is the state, the prosecutor’s office files a public case.<\/p>\n
3. Cases Specified in the TCK:
\nThe Turkish Penal Code also specifies cases where the crime of theft is not subject to a complaint. For example, in cases where the crime is committed at the time the perpetrator is caught, the state is obliged to open an investigation. Therefore, even if the victim does not report the incident, the police and the prosecutor’s office can take action.<\/p>\n
Examples Related to the Crime of Theft<\/p>\n
For example, in a theft incident that occurs in a store, the victimized business owner may not complain about the crime. However, as a result of the images recorded by security cameras and the findings of security guards, the police may investigate the crime and initiate an investigation. In this case, a public lawsuit may be filed with the intervention of the state without seeking a complaint.<\/p>\n
Another example is seen in theft crimes committed in public areas. If a person steals state property, for example, public property such as traffic signs and lighting poles, the state deals directly with this crime and files the lawsuit on behalf of the public.<\/p>\n
Punishment for the Crime of Theft<\/p>\n
According to the Turkish Penal Code, the crime of theft is punished with imprisonment from two to seven years. The type of punishment may vary depending on the way the crime is committed and the characteristics of the perpetrator. For example, in cases where the crime of theft is committed at night or with more than one person, the punishment may be increased.<\/p>\n
The crime of theft can turn into a public lawsuit even if the victim does not file a complaint, due to the state’s obligation to investigate and prosecute. According to the Turkish Penal Code, the crime of theft can turn into a public lawsuit not only with the victim’s application, but also if it is committed with the direct intervention of the state as a crime that concerns society.","protected":false},"excerpt":{"rendered":"
Theft, one of the crimes included in the Turkish Penal Code (TCK), is defined as the act of seizing other people’s property without permission. This crime is a crime that directly affects both the victim and society. So, is the crime of theft only carried out upon the complaint of the victim, or can it […]<\/p>\n","protected":false},"author":12,"featured_media":12879,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-12878","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/12878","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=12878"}],"version-history":[{"count":2,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/12878\/revisions"}],"predecessor-version":[{"id":12881,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/12878\/revisions\/12881"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/12879"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=12878"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=12878"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=12878"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}