WHAT IS THE CRIME OF THEFT?
The crime of theft protects a person’s property rights from a legal perspective and in a broader context. In this context, the crime of theft occurs when movable property belonging to another person is taken from its location without the owner’s consent, for the purpose of benefiting oneself or another person. Th e crime of theft is a crime committed against the value of property. The purpose of the crime of theft is defined as obtaining economic benefit. The crime of theft is covered in Articles 141 and 147 of the Turkish Commercial Code.
IS THE CRIME OF THEFT SUBJECT TO COMPLAINT?
The crime of theft, whether simple or aggravated, is one of the crimes that must be officially investigated in all its forms. Since the crime of theft is not among the crimes subject to dismissal upon complaint, there is no complaint period.
The complainant may become a party to the criminal case by requesting intervention at any stage during the hearings after the public prosecution has been initiated. Since the crime in question is not subject to complaint, the withdrawal of the complaint does not lead to the dismissal of the public prosecution.
Simple theft (Article 141 of the Turkish Criminal Code) is one of the crimes that requires the application of a reconciliation procedure between the parties. In crimes covered by reconciliation, the reconciliation procedure must be applied first, both during the investigation and prosecution stages. If reconciliation cannot be reached, the investigation or trial must continue.
TERMS AND ELEMENTS OF THE CRIME OF THEFT
As mentioned above, in the crime of theft, the perpetrator reduces or completely takes away the victim’s property as a result of their actions.
Elements and conditions of the crime of theft
1- THE SUBJECT OF THE CRIME OF THEFT IS MOVABLE PROPERTY
According to the Turkish Commercial Code, theft can only be committed against movable property. For example, property such as cars, bicycles, household items, wallets, etc. is movable property. Property that has a certain economic value by its nature is called “property.” The theft of an item with no economic value is not considered theft.
The crime of theft cannot be committed against immovable property. For example, transferring a real estate property to another person with forged documents without the owner’s consent is not considered theft but may be considered the crime of forgery of official documents and aggravated fraud.
2- THE CRIME OF THEFT PROTECTS IDENTITY
The crime of theft protects the rights of possession, which have a broader scope than ownership. Possession refers to the person who actually controls a property. The owner of the property does not have to be the owner of the property. For the crime of theft to occur, the owner of the property in question does not have to be the owner of that property. For example, if a car is given to a person for use and a third party takes the car without the user’s permission, the crime of theft occurs.
However, it does not matter whether the person who has the right of possession of the property in question obtained possession in accordance with the law or contrary to the law. In other words, if a car stolen by a thief is stolen again by someone else, the crime of theft is still committed.
For the crime of theft to occur, the goods must be removed from the sphere of control of the perpetrator, who must establish actual control over the goods and acquire ownership. Attempted theft depends on whether the act is completed or not. If the perpetrator is caught immediately after taking the goods from their location as a result of continuous pursuit, they should be tried for attempted theft, not theft. This is because if the perpetrator is caught as a result of uninterrupted pursuit, the crime is considered incomplete when the perpetrator has not fully gained physical control of the property. However, if the perpetrator disappears from view for a period of time during the pursuit, the pursuit is interrupted, and the perpetrator is later seen again and caught, the crime of theft is considered complete.
PENALTY FOR SIMPLE THEFT AND PROPERTY LEFT IN THE OPEN
Property left exposed refers to property left in public places such as streets, alleys, parks, gardens, beaches, and similar areas outside the victim’s private domain. The basic form of the crime of simple theft, as defined in Article 141 of the Turkish Penal Code, concerns property left exposed.
In this case, if the property subject to theft is one of the items left exposed for use or because of use and must be left exposed, the crime is committed in a qualified manner rather than in a simple manner. For example, since agricultural tools left exposed in a field are items left exposed for use, even though such items are exposed, taking them without the owner’s permission constitutes the crime of qualified theft.
According to the established practice of the Supreme Court, the following acts constitute simple theft (Supreme Court CGK -2015/98 k.):
Theft of construction workers’ personal belongings left unattended,
theft of items displayed in front of workplaces,
theft of vegetables and fruits left unattended, theft of clothing items on stalls at the market, theft of agricultural tools left in fields outside the farming season,
theft of agricultural tools left in fields outside the agricultural season,
theft of items other than construction materials left for construction purposes,
theft of items left unattended for a short time while goods are being unloaded at the workplace,
theft of items left unprotected on the street for a short time while moving house,
theft of bicycles left unlocked on streets and avenues,
theft of items left in open areas on beaches,
theft of a bag placed on a bench by a person sitting in a park,
theft of items in a baby stroller or shopping cart.
The penalty for petty theft is 1 to 3 years imprisonment (TCK 141).