{"id":13121,"date":"2025-02-26T18:00:43","date_gmt":"2025-02-26T15:00:43","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=13121"},"modified":"2025-02-27T12:31:54","modified_gmt":"2025-02-27T09:31:54","slug":"hirsizlik-sikayete-tabi-mi","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/hirsizlik-sikayete-tabi-mi\/","title":{"rendered":"Is Theft Subject to Complaint?"},"content":{"rendered":"The crime of theft is regulated in Article 141 of the Turkish Penal Code (TCK) and refers to the taking of another person’s property without their consent. This crime is generally among the crimes that are investigated ex officio (spontaneously). However, in some cases, the pursuit of the crime of theft may be subject to a complaint. So, in which cases is theft subject to a complaint and in which cases is it directly investigated by the prosecutor’s office? Here are the details.<\/p>\n

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Is the Crime of Theft Subject to Complaint?<\/p>\n

As a rule, the crime of theft is not subject to complaint. In other words, even if the victim does not file a complaint, the prosecutor’s office can initiate an investigation on its own when it learns of the crime. However, the Turkish Penal Code states that the crime of theft is subject to complaint in some special cases. These situations are as follows:<\/p>\n

Theft Within the Family (TCK 144\/1-a): If the act of theft is committed by a family member living together in the same residence, the investigation and prosecution of the crime is subject to a complaint. For example, if a sibling steals the property of another sibling, the prosecutor’s office will not initiate an investigation unless there is a complaint.<\/p>\n

Theft Based on a Legal Relationship (TCK 144\/1-b): If the theft is committed based on a legal relationship between the perpetrator and the victim, a complaint from the victim is required for the investigation of the crime. For example, if a person living in a house as a tenant steals an item belonging to the owner of the house, this falls within this scope.<\/p>\n

Theft of Lost or Erroneously Obtained Items (TCK 160): Taking a lost or accidentally acquired item without the consent of the owner also constitutes the crime of theft. However, in this case, the victim must file a complaint.<\/p>\n

Complaint Period and Withdrawal of Complaint<\/p>\n

In theft crimes subject to complaint, the victim must file a complaint within 6 months from the date of learning about the crime and the perpetrator. Complaints made after this period will not be processed.<\/p>\n

If the victim wishes to, they can withdraw their complaint after filing a complaint. However, if they drop the complaint, the case will be dismissed and the perpetrator will not be punished. However, in theft crimes investigated ex officio, dropping the complaint will not stop the trial.<\/p>\n

The crime of theft is generally not subject to complaint and is investigated ex officio by the prosecutor’s office. However, in some special cases such as theft committed within the family or theft based on legal relationship, the victim’s complaint is required to pursue the crime. The right to file a complaint must be exercised within a certain period of time and the case may be dismissed if the complaint is dropped. It is important to consult a lawyer to obtain detailed information about the crime of theft and the complaint process.","protected":false},"excerpt":{"rendered":"

The crime of theft is regulated in Article 141 of the Turkish Penal Code (TCK) and refers to the taking of another person’s property without their consent. This crime is generally among the crimes that are investigated ex officio (spontaneously). However, in some cases, the pursuit of the crime of theft may be subject to […]<\/p>\n","protected":false},"author":12,"featured_media":13123,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-13121","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\/13121","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=13121"}],"version-history":[{"count":2,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/13121\/revisions"}],"predecessor-version":[{"id":13124,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/13121\/revisions\/13124"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/13123"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=13121"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=13121"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=13121"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}