As \u00d6zk\u00f6k Law Firm, we continue to share developments in the field of law with you. Today, we are examining the crime of theft, one of the most common crimes. Let’s examine together what the crime of theft is, what its legal definition and penalties are in Turkey.<\/p>\n
What is the Crime of Theft?<\/p>\n
Defined in the Turkish Penal Code (TCK) as “taking from the place where another person’s movable property is located without the consent of the possessor, for the purpose of providing a benefit to oneself or another”, theft is a crime committed against property. Simply put, the crime of theft is when a person takes another person’s property without permission.<\/p>\n
en.wikipedia.org<\/p>\n
en.wikipedia.org<\/p>\n
Elements of the Crime of Theft<\/p>\n
In order for the crime of theft to occur, certain elements must come together:<\/p>\n
Lack of consent of the possessor: The property must be taken without the consent of the owner or the person authorized to use the property (the possessor).
\nMovable property belonging to someone else: The subject of the crime of theft must be movable property. In other words, it must be a portable, transferable item.
\nIntention to benefit himself or someone else: The perpetrator must have the intention of benefiting himself or someone else from the stolen property.<\/p>\n
Types and Penalties of the Crime of Theft<\/p>\n
The crime of theft is divided into different types according to the way it is committed, and different penalties are foreseen for each type.<\/p>\n
Simple Theft: The penalty for simple theft, regulated in Article 141 of the TCK, is imprisonment from one to three years.
\nQualified Theft: Qualified theft occurs when the crime of theft is committed at night, in residences, public institutions or in particularly protected places. The penalty for qualified theft is more severe, with a prison sentence of five to fifteen years.<\/p>\n
Court of Responsibility and Statute of Limitations for Crimes of Theft<\/p>\n
The criminal courts of first instance handle crimes of theft. The statute of limitations for the crime of theft is ten years from the date of the crime.<\/p>\n
Right to Defense in Crimes of Theft<\/p>\n
Everyone accused of the crime of theft has the right to defense guaranteed by the Turkish Penal Code. Within the scope of this right;<\/p>\n
Right to remain silent: The accused person is not obliged to answer any questions during the investigation or prosecution phase.
\nRight to hire a lawyer: The accused person has the right to hire a lawyer to defend him\/herself.
\nRight to examine evidence: The accused person or his\/her lawyer has the right to examine the evidence in the file.<\/p>\n
In short, the crime of theft is a crime punished severely in the Turkish Penal Code. Therefore, it is very important to avoid committing the crime of theft and to know your rights.","protected":false},"excerpt":{"rendered":"
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