WHAT IS THE CRIME OF THEFT?
In our Turkish Penal Code, the crime of theft is regulated in Article 141 and onwards. In our law, the crime of theft is defined as taking the possession of a movable property belonging to another person from the place where it is located, without the consent of a person, in order to provide economic benefit to himself or another.
WHAT ARE THE ELEMENTS OF THEFT CRIME?
As it can be understood from its definition, the subject of theft crime is only movable property. In other words, immovable property does not constitute the subject of the theft crime. Another expression that should be considered in the definition of crime is possession. Possession means the person who actually controls a property, that is, the possessor does not have to be the owner of the property. The Turkish Penal Code has accepted the removal of the possessor from the place where he is without his consent in order for the crime of theft to occur. The fact that the person has obtained possession illegally has no importance in terms of the occurrence of the crime. If a stolen property is stolen again by someone else, theft crime will also occur. The perpetrator and victim of the theft crime can be any person.
IS THEFT CRIME SUBJECT TO COMPLAINT?
The crime of theft is not subject to complaint, it is investigated ex officio. Since the crime of theft is not subject to complaint, there is no complaint period. Even in the simplest case of the crime, an investigation can be initiated when the right to complain is exercised within the 8-year statute of limitations.
WHICH COURT IS AUTHORIZED AND AUTHORIZED IN THE CRIME OF THEFT?
The court in charge of the cases regarding the theft crime is the criminal courts of first instance. The competent court should be determined in accordance with Article 12 of the CMK. First of all, the court of the place where the crime was committed is the competent court. If the place where the crime was committed is not clear, the place where the suspect or the accused is caught, and if the suspect or the accused has not been caught, the court of settlement is the competent court.
WHAT ARE THE QUALIFICATIONS OF THE THEFT CRIME?
The crime of theft is examined in our law by dividing it into two types as simple and qualified. In the presence of the conditions listed in Article 142 of the Turkish Penal Code, it is considered that the crime of qualified theft has been committed. The punishment to be given to the person in case of committing the crime of qualified theft is determined to be higher than the simple case.
The crime of theft;
– About the goods found in public institutions and organizations or places reserved for worship, or allocated for public benefit or service, regardless of who they belong to,
– About the goods in the means of transportation offered to the public or at certain destinations or departures,
– About the goods prepared for the purpose of preventing or mitigating the damages that may be caused by a disaster or a general disaster,
– The penalty to be imposed is imprisonment from three years to seven years, in case of committing the goods left unattended due to their number or allocation or use.
