WHAT IS THE CRIME OF THEFT?
The crime of theft protects the person’s property right in terms of legal value and the right of possession when viewed more broadly in its form. In this context, the crime of theft occurs when a movable property that is owned by someone else is taken from its location in order to benefit itself or someone else without the consent of the person who owns it. The crime of theft is a crime committed against the values of assets. In the crime of theft, the goal has been described as obtaining an economic interest. The crime of theft is part of Article 141 of the TCK. and 147. it is Deciphered among its substances.
IS THE CRIME OF THEFT SUBJECT TO A COMPLAINT?
The crime of theft is one of the crimes that should be investigated officially, be it simple or qualified in all its forms. Since the crime of theft is not considered to be among the crimes related to the Decriminalization complaint, the crime also does not have a complaint period.
The complainant can become a party to the criminal case by requesting intervention at any stage when the hearings are ongoing after the public case has been opened. Since the crime in question is not subject to a complaint, dropping the complaint also does not result in a public lawsuit being dropped.
Simple crime of theft (TCK art.141) is one of the crimes that require the implementation of the Deconfliction procedure between the parties. In crimes that are within the scope of reconciliation, both at the stage of investigation and prosecution, it is necessary to first implement the reconciliation procedure. If a compromise cannot be reached, the investigation or trial should be continued.
TERMS AND ELEMENTS OF THE CRIME OF THEFT
As mentioned above, with the crime of theft, the perpetrator of the crime in question reduces or completely takes away the property of the victim as a result of his actions.
Elements and conditions of the crime of theft
1- THE SUBJECT OF THE THEFT CRIME IS MOVABLE PROPERTY
According to the Turkish Commercial Code, theft can only be committed on movable property. For example, a car, a bicycle, household items, a wallet, etc. as such, the goods are movable property. An item that has a certain economic value due to its nature is called a “good”. Theft does not occur when an item that has no economic value is stolen.
The crime of theft cannot be committed against immovable property either. For example, it is possible to say that if a real estate is transferred to someone else in the title deed with fake documents without the consent of the owner, it will not be a crime of theft, but a crime of forgery and qualified fraud in official documents will occur.
2- IDENTITY IS PROTECTED BY THE CRIME OF THEFT
The crime of theft protects the rights of possession, which has a wider scope than property. Zilyet means the person who actually dominates a property. The person who owns the property may not be the owner of the property. In order for the crime of theft to occur, the owner of the property in question does not have to be the owner of the property at the same time. For example, when a car is given to a person to use, a theft offense occurs if a third person takes it away from the car without the consent of the user.
Again, it does not matter whether the person who has the right to possession of the goods in question has obtained the possession contrary to the law or in accordance with the law. That is, the crime of theft also occurs when a car stolen by a thief is stolen from a thief by someone else again.
In order for the crime of theft to occur, the goods must be removed from the dominating area of the possession, the possession must be obtained by establishing actual dominance over the goods by the perpetrator. Attempted theft is related to whether the action has been completed or not. If the perpetrator is caught as a result of uninterrupted tracking immediately after receiving the goods from his location, the perpetrator should be tried not for theft, but for attempted this crime. Because the crime is considered incomplete when the perpetrator, who was caught as a result of uninterrupted tracking, cannot fully take the property under his actual control. However, if the perpetrator disappears from sight for a while during the pursuit, the pursuit is interrupted and the perpetrator is seen and caught again later, the theft crime is considered complete.
PUNISHMENT FOR A SIMPLE CRIME OF THEFT AND AN ITEM LEFT EXPOSED
The item left exposed describes the item left in public places that look like streets, alleys, parks, gardens, seaside edges and such places that are outside the private areas where the victim lives. The simple basic form of the crime of theft, TCK md. it is about the exposed item held at 141.
In this case, it is not the simple form of the crime, but the qualified form of the crime in this case if the item committed for theft is from the goods that are left exposed due to use or menstruation and must be left exposed. For example, it will be necessary to mention the qualified state of the offense, since agricultural tools left exposed in the field are items left exposed due to their use. Although these goods are in the open, a qualified theft offence occurs when they are taken without the consent of the owner.
According to the established practice of the Supreme Court, the following are the acts that constitute the subject of the crime of simple theft (Supreme Court CGK -2015/98 k.):
Theft of personal belongings of construction workers left exposed,
Theft of items placed in front of workplaces for display,
Sunday Sundays, the theft of vegetables and fruits left in the open, the theft of clothing items found on the counter at the market place again,
Theft of agricultural vehicles left in the fields outside the agricultural season,
Theft of items other than construction materials left for construction,
Theft of items left exposed for a short time while goods are being downloaded to the workplace,
Theft of belongings left unprotected on the street for a short time while moving house,
Theft of bicycles left unlocked on streets and avenues,
Theft of belongings left in the open area on the beaches,
Again, a person sitting in the park has his bag stolen, which he put on the bench,
Theft of goods in a pram or a Sunday car.
The penalty for simple theft is imprisonment from 1 year to 3 years (TCK 141).
