The Crime Of Theft
The crime of theft in our Turkish Criminal Code is 141. The article is edited in and on. In our law, the crime of theft is defined as the receipt of a person’s possession of movable property belonging to someone else from where they are located for the purpose of providing an economic benefit to themselves or someone else without their consent.
What Are The Elements Of The Crime Of Theft?
As can be seen from the definition, the subject of a theft offense is only movable property. In other words, immovable property does not constitute the subject of the crime of theft. Another expression that should be considered in the definition of a crime is the expression of adultery. Owner means the person who actually controls the property, that is, Owner does not have to be the owner of the property. The Turkish Penal Code has accepted that in order for the offence of theft to occur, the possession of the possession to be taken from the place where it was found without consent. The fact that a person has obtained the identity in violation of the law does not matter in terms of the occurrence of a crime. If a stolen property is stolen by someone else again, the crime of theft will also occur again. The perpetrator and victim of the crime of theft can be any person.
Is The Crime Of Theft Subject To A Complaint?
The crime of theft is not subject to complaint, it is investigated officially. Since the crime of theft is not subject to complaint, there is also no complaint period. Even in the simplest case of a crime, an investigation can be initiated when the right to file a complaint is exercised within the statute of limitations of the case, which is 8 years.
Which Court Is Responsible And Authorized For The Crime Of Theft?
The court in charge of hearing cases related to the crime of theft is the criminal courts of first instance. The competent court, on the other hand, 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 accused was caught, if the suspect or accused was not caught, the settlement court is the competent court.
What Are The Qualified Cases Of Theft Crime?
The crime of theft is examined in our law by dividing it into two types as simple and qualified. 142 Of the Turkish Criminal Code. In the presence of the cases listed in the article, a qualified theft offense is considered to have been committed. The punishment that will be given to a person in case of committing a qualified theft offense is determined to be more than simple.
The crime of theft;
-About the property located in public institutions and organizations or places reserved for worship, no matter who it belongs to, or allocated for public benefit or service,
-About the goods contained in the means of transport offered for the benefit of the public or at certain places of arrival or departure of them,
-About an item prepared to prevent or mitigate damage caused by a disaster or a general disaster,
-If it is processed about items or items that have been left open due to their allocation or use, the punishment that will be given is a prison sentence of three to seven years.