WHAT IS PROPERTY DAMAGE? (T.C.M.151-152)
Destruction, destruction, destruction or contamination of any property belonging to someone else is called damage to property. The crime of damage to property was established in order to protect the rights to someone else’s property and to punish the above-mentioned unlawful actions against someone else’s property. The crime of damage to property is TCK m. It is arranged between Dec. 151-152.
THE CONCEPTS OF COMPLAINT, STATUTE OF LIMITATIONS AND CONCILIATION IN THE CRIME OF DAMAGE TO PROPERTY
The simple form of the crime is, in other words, the one that requires the least punishment. The simple form of the offense in question is subject to complaint. That is, the victim of the crime in question must exercise his right to file a complaint within 6 months of learning about the perpetrator and the fact.
Qualified cases of the crime, on the other hand, are the form that requires a more severe punishment. Therefore, the qualified forms of the crime in question are not among the crimes subject to Decriminalization. That is, even if the victim does not complain about the perpetrator, the crime can be investigated spontaneously by the prosecutor’s office within the 8-year case statute of limitations.
For the simple offense of damage to property, a Decriminalization procedure is first applied between the parties. In other words, the crime in question is covered by the settlement. In crimes that are within the scope of reconciliation, both at the investigation and prosecution stage, the reconciliation procedure should be applied first, and if no compromise is reached, the investigation or trial should be continued.
ELEMENTS OF THE CRIME OF DAMAGE TO PROPERTY
As explained above, the right of ownership is protected for the crime of damaging property. The subject of the crime can be a real estate asset, as well as a real estate asset. That is, the victim has a movable property(watch,phone, etc.) as it may be, the crime in question occurs in cases of damage to immovable property, such as a house, a land plot.
The crime of damaging property is a crime that can be committed with the general caste. It does not matter whether the perpetrator acted with a special purpose when committing the act of damage to property or not.
The crime of damaging property is a crime that can be committed by electoral actions. A limited number of different ways in which the act of damaging the property can be performed is TCK md. it is expressed in 151. This crime cannot be committed, except for the actions that are considered in a limited way in the law.
According to the Turkish Commercial Code, the forms in which the crime of damage to property can be committed:
- BY CORRUPTING THE PROPERTY OR RENDERING IT UNUSABLE
If the perpetrator violates the nature of the good with the actual subject of the crime he has committed, or becomes unable to perform the function for which the good is specific, the crime of damage to the good occurs by destroying the good, making it unusable.
2.DO NOT DAMAGE THE PROPERTY BY DESTROYING IT
By the act of destruction, it is meant that a greater change has occurred in the structure of the good than the destruction of the good. For example, the demolition of the wall surrounding the victim’s house.
- DAMAGE TO PROPERTY BY DESTRUCTION
Destruction of property leads to the fact that it loses its physical properties. To destroy a property means to break it, to plunder and destroy it. For example, breaking the windows of the victim’s car, etc. - THE CRIME OF DAMAGING PROPERTY BY DESTROYING IT
Due to the verb in question, the possibility of repairing the goods disappears. An act committed in such a way and intensity as to make it impossible to repair or use the goods again is one of the ways of damaging the goods, called destruction.
5.A CRIME OF DAMAGE TO PROPERTY BY POLLUTING IT
The act of damaging the property sometimes requires effort and expense to make the item obsolete only because the item has been “contaminated” by not damaging the integrity or physical structure of the item. If the property is contaminated, the crime of damaging the property by contaminating it occurs.
- A CRIME OF DAMAGE TO PROPERTY BY KILLING AN OWNED ANIMAL
Unfortunately, in the TCK application, owned animals are considered goods. TCK m. according to 151/2, a person who kills an owned animal without a justifiable reason is punished in accordance with the provisions of the crime of damage to property.
