Plunder (Extortion) Offence
LOOTING (EXTORTION) OFFENCE
The offence of plunder (extortion) is regulated in Articles 148 and 149 of the Turkish Penal Code.
The offence of plunder is defined in our law as compelling another person to deliver a property or not to resist the taking of a property by threatening or using force, with the bet that he will commit an attack on his or his relative’s life, body or sexual inviolability or that he will cause great damage to his property.
In addition, in the 2nd paragraph of the Article, it is regulated that the offence will also occur and the same penalty will be imposed if the victim is forced by force or threat to give a bill that can put himself or someone else under debt or a document explaining that an existing bill is invalid, not to resist the receipt of such a bill, to sign a paper that can be turned into such a bill in the future, or to destroy an existing bill or not to resist its destruction. In the same article, making the victim unable to know and defend himself/herself by any means is also considered as force in the crime of plunder.
THE ELEMENTS OF THE OFFENCE OF PLUNDER ARE AS FOLLOWS:
Taking a movable property belonging to another person,
The use of threats or force,
The force or threat must be made with the bet that the victim or his/her relatives will commit an attack on his/her life, body or sexual inviolability or that he/she will suffer a great damage in terms of his/her property.
Offence of plunder (extortion) is not a crime subject to complaint. Therefore, no complaint period is foreseen for the offence of plunder. Since the statute of limitations for this offence is 15 years, an investigation can be initiated when the right to file a complaint is exercised within this period. The court where the cases related to the offence of plunder will be heard is the Assize Courts.
While the simple form of the offence of plunder is regulated under Article 148 of the TPC, the qualified form is regulated under Article 149.
A.SIMPLE FORM OF THE OFFENCE OF PLUNDER:
– The simple form of the offence of looting is the taking of a movable property belonging to another person without the qualifications and characteristics listed in Article 149 of the TPC by using threats or force on the grounds that the person will carry out an attack on the life, body or sexual inviolability of the victim or his/her relatives or will cause great damage to his/her property.
The penalty for the simple form of the offence of plunder (extortion) is at the discretion of the judge between 6 years and 10 years.
B. THE QUALITATIVE FORM OF THE OFFENCE OF PLUNDER:
The offence of plunder
With a weapon,
By making oneself unrecognisable,
Together by more than one person,
By road blocking or in dwellings, workplaces or their annexes,
Against a person who is physically or mentally incapable of defending himself/herself,
By taking advantage of the intimidating power created by existing or deemed to exist criminal organisations,
In order to benefit a criminal organisation,
If the offence is committed at night, the perpetrator shall be sentenced to imprisonment from ten to fifteen years.
In addition, if the aggravated forms of the offence of intentional injury occur during the commission of the offence of plunder, the provisions regarding the offence of intentional injury shall also apply.
There are also cases of the offence of plunder that require less punishment. These are
A) When a person uses threats or force to collect his/her receivables based on a legal relationship. In this case, only the provisions on threats and intentional injury can be applied.
B) In the event that the value of the property which is the subject of the offence of plunder is low, the Turkish Penal Code stipulates that the penalty to be imposed shall be reduced from one third to one half. In this regard, the judge is given discretionary power.
It is possible to apply effective remorse provisions in the offence of plunder.
The person who wants to benefit from the provisions of effective remorse can benefit from the provisions of effective remorse if he/she gives the names of the person who committed the offence, his/her accomplices, instigators or aiders and abettors. It is also sufficient to benefit from the provisions of effective remorse if the damage suffered by the victim is compensated or restituted in kind.
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