Petition For Criminal Complaint For Damage To Property
What is Damage to Property (TPC art.151-152)
Damage to property is to partially or completely disrupt, destroy, destroy, destroy, pollute or render unusable a property belonging to another person. The offense of damage to property was introduced in order to punish unlawful interventions aimed at damaging the property belonging to another person.
Since the crime of property damage is intended to protect property values, this crime is regulated under the section “Crimes Against Property” under Articles 151-152 of the TPC.
Complaint Period, Statute of Limitations and Reconciliation
The simple form of the offense regulated under Article 151 of the TPC is the most basic form, i.e. the one that requires the least penalty. The simple form of this crime is subject to complaint. The victim of the crime must exercise his/her right to file a complaint within 6 months of learning about the perpetrator and the act.
The qualified forms of the crime are the forms that require a more severe punishment because they violate a greater legal interest. The qualified forms of the crime regulated under Article 152 of the TPC are not among the crimes subject to complaint. In other words, even if the victim of the crime does not file a complaint, the crime can be investigated by the prosecutor’s office ex officio within the 8-year statute of limitations. Waiving the complaint does not result in the dismissal of the public case.
The crime of simple property damage (TPC Art. 151/1-2) is one of the crimes that require the application of the reconciliation procedure between the parties. In crimes that are within the scope of reconciliation, both at the investigation and prosecution stages, the reconciliation procedure must first be implemented, and if reconciliation is not achieved, the investigation or trial must continue.
TO THE … PUBLIC PROSECUTOR’S OFFICE
CONTACT :
TC ID NUMBER :
ADDRESS :
GUARDIAN :
ADDRESS :
SUSPECT :
CRIME : Damage to Property.
DATE OF OFFENSE : …/…/…
EXPLANATIONS :
1-) The suspect and the client are next-door neighbors and are in a feud arising from a fight between their children. One day before the date of the crime, they had a quarrel in front of the adjoining garden gates, and this situation was also seen by the neighborhood.
2-) On the date of the crime, at around 23:30 at night, the suspect entered the client’s garden and started to cut the peach trees with a saw, and when the client came out to the garden after the neighbors informed him around 24:05, he ended his action and fled to his own garden. As a result of the suspect’s action, 3 peach trees were destroyed and material damage occurred.
3-) Due to the damage caused to our client’s property, it has become necessary to apply to your authority in order to ensure that the suspect is punished.
LEGAL GROUNDS : 5237 S. K. Art. 151 and related legislation.
LEGAL EVIDENCE : Witnesses and other evidence.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that a public lawsuit be filed against the person concerned for his punishment by conducting an investigation. …/…/…
Deputy Complainant