CRIME OF DAMAGING PROPERTY

The crimes of damaging property, as addressed in the Turkish Penal Code, include offenses involving the destruction, defacement, or defilement of property belonging to another person. The crime of damaging property is subject to complaint. However, the complaint period is six months from the date the act and the perpetrator are learned. Failure to file a complaint within this period constitutes a waiver of the right to complain.

If the crime of damaging property, examined between Articles 151 and 153 of the Turkish Penal Code, is committed within the scope of theft, a complaint is not required for investigation and prosecution of these crimes.

Characteristics of the Crime of Damaging Property

• The act involves general intent
• The legal value protected by crime is the right to property.
• The subject matter of the crime consists of movable and immovable property.
• The movable and immovable properties belong to someone else.

The Criminal Aspects of the Crime of Damaging Property

According to Article 151 of the Turkish Penal Code, a person who partially or completely demolishes, destroys, obliterates, damages, renders unusable, or pollutes another person's movable or immovable property, or who, without justifiable cause, kills, renders useless, or causes a decrease in the value of a privately owned animal, shall be sentenced to imprisonment for 4 months to 3 years or a judicial fine, upon the complaint of the victim.

Aggravating Circumstances for the Crime of Damaging Property

According to Article 152 of the Turkish Penal Code, if the crime of damaging property is committed by burning, using incendiary or explosive materials, causing landslides, avalanches, floods, or by exposing to radiation, or by using nuclear, biological, or chemical weapons, the penalty shall be increased by up to twofold.

The Material Scope of the Crime of Damaging Property

• This crime can be committed with regard to lost property. Even if the owner does not have possession of the property, ownership still belongs to them.
• Unclaimed property or property belonging to the perpetrator cannot be the subject of this crime. However, if third parties have a right to benefit from property belonging to the perpetrator, then it falls within the scope of this crime.
• The human body does not constitute the physical object of this crime. However, those used for scientific purposes and in museums are included in this scope.
• Things that have no economic value but have sentimental value can be the subject of this crime
• The destruction of money and negotiable instruments also constitutes the material subject matter of this crime.

For more information on this matter, you can consult with our firm's experienced criminal defense lawyers.