The Crime Of Looting (Extortion)
The crime of looting (extortion) is defined in Articles 148 and 149 of the Turkish Penal Code. It is regulated in its articles.
In our law, the crime of looting is defined as obliging someone else not to resist the delivery or receipt of a good by threatening a bet or using algebra, as it will commit an attack on the life, body or sexual inviolability of himself or a loved one, or cause great damage to his assets. See also article 2. In the paragraph, the debts of the victim himself or others by using force or threat may turn into a stock or a bond with explaining the void of a record to give to the taking of such a deed not to fight back, have to sign a paper that can be turned into such a deed in the future or to destroy or to resist its destruction in the case of a stock that has compelled the crime to the punishment that is about to occur and the same hukmolunaca are arranged. Again, in the same article, the fact that the victim will not be able to know and defend himself by any means is also considered algebra in the crime of looting.
Elements Of The Crime Of Looting
- Receipt of a movable property belonging to someone else,
- Using threats or algebra,
- Algebra or threat it will commit an attack on the life, body or sexual immunity of the victim or his relative, or cause significant damage to his assets. The crime of looting (extortion) is not a crime subject to complaint. Therefore, no complaint period is foreseen in terms of looting crime. Since the statute of limitations for the case of the crime in question is 15 years, an investigation may be initiated if the right to complain is exercised during this period. The court where cases related to the crime of looting will be heard is the Heavy Criminal Courts.
The simple version of the crime of looting is Article 148 of the TCK. While it is regulated in Article 149 of the qualified version. It is regulated in the article.
- The Simple Form of the Crime of Looting
The simplest form of the crime of plunder; a number of qualified Article 149 of the Penal Code of the person and features a movable object that belongs to someone else without the victim or of the relatives of life, body or that it would carry out an attack against sexual immunity or assets will inflict great damage by using algebra as a threat or a bet.
The punishment for the simple form of decriminalization of looting (extortion) is from 6 years to 10 years at the discretion of the judge.
2. Qualified Form of the Crime of Looting
- With A Gun,
- By putting oneself in an unrecognizable state,
- Together by more than one person,
- By cutting off the road, or at the residence, at work, or in their add-ons,
- Against a person who is unable to defend himself in terms of body or soul,
- Taking advantage of the frightening power created by existing or recognized criminal organizations,
- In order to benefit the criminal organization,
- If it is committed at night time, a prison sentence of ten to fifteen years is imposed on the perpetrator.In addition, if they are aggravated as a result of intentional wounding during the commission of the crime of looting, the provisions on the crime of intentional wounding are also applied.
there are also cases when the crime of looting requires a lesser punishment. This situations;
A) It is a situation where a person uses a threat or algebra to collect receivables based on a legal relationship. In this case, only the provisions on threats and intentional wounding can be applied.
B) If the value of the goods constituting the subject of the looting crime is less, the TCK has provided that the penalty to be given will be reduced from one-third to one-half. In this regard, the judge has been granted discretion.
It is possible to apply effective remorse provisions in the crime of looting.
A person who wants to take advantage of the provisions of effective remorse can take advantage of the provisions of effective remorse if the person who committed the crime gives the names of his accomplices, accomplices, instigators or those who helped the crime. It is also sufficient to take advantage of the effective remorse provisions to compensate the damage suffered by the victim by returning or compensating them in kind.