Offence Of Theft
WHAT IS THE OFFENCE OF THEFT?
In our Turkish Penal Code, the offence of theft is regulated in Article 141 and its continuation. In our law, the offence of theft is defined as the taking of a movable property belonging to someone else without the consent of the possessor in order to provide an economic benefit to himself or someone else.
WHAT ARE THE ELEMENTS OF THEFT OFFENCE?
As can be understood from the definition, the subject of the theft offence is only movable goods. In other words, immovable goods do not constitute the subject of the theft offence. Another expression that should be considered in the definition of the offence is the expression of possession. Possession means the person who actually has a property under his/her control, i.e. the possessor does not have to be the owner of the property.
The Turkish Penal Code has accepted the taking of the property from its place without the consent of the possessor in order to constitute the offence of theft. The fact that the person has obtained the possession illegally does not have any importance in terms of the occurrence of the offence. In the event that a stolen property is stolen again by someone else, the offence of theft will also occur. The perpetrator and victim of the theft crime can be any person.
IS THEFT OFFENCE SUBJECT TO COMPLAINT?
The offence of theft is not subject to complaint, it is investigated ex officio. Since the theft offence is not subject to complaint, there is no complaint period. Even in the simplest case of the offence, an investigation can be initiated when the right of complaint is used within the statute of limitations of 8 years.
WHICH COURT IS THE COMPETENT AND AUTHORISED COURT IN THEFT OFFENCE?
The competent court for the theft offence is the criminal court of first instance. The competent court should be determined according to Article 12 of the Criminal Procedure Code. First of all, the court where the crime was committed is the competent court. If the place where the offence was committed is not known, the court where the suspect or defendant was caught, or if the suspect or defendant was not caught, the court of his/her place of residence is the competent court.
WHAT ARE THE QUALIFIED FORMS OF THEFT OFFENCE?
The offence of theft is divided into two types as simple and qualified in our law. In the presence of the conditions listed in Article 142 of the Turkish Penal Code, it is accepted that a qualified theft offence has been committed. In the event of a qualified theft offence, the penalty to be imposed on the person is determined as more than the simple form.
The offence of theft
– Regardless of who it belongs to, about the goods in public institutions and organisations or places reserved for worship or allocated for public benefit or service,
-About the goods found in the means of transport offered to the public or at certain arrival or departure points thereof,
-About the goods prepared for the purpose of preventing or mitigating the damages that may be caused by a disaster or a general disaster,
-If the offence is committed on goods left in the open due to their custom or allocation or use, the penalty to be imposed is imprisonment from three to seven years.
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