CRIMES AGAINST PROPERTY

I: THE CRIME OF THEFT (Turkish Penal Code Articles 141-143)

Theft is defined as the unauthorized removal of movable property belonging to another person from its location for the purpose of personal use. This type of crime encompasses all movable property that has "economic value.".

1. Simple Theft (Article 141)

For the crime of theft to occur, four basic elements must be present simultaneously:

• Lack of Possessor's Consent: This condition requires that the property be taken without the consent of its owner or the current possessor (the person in possession).
• Movable Property: The subject matter of the crime can only be items that are movable by their nature (energy, gas, etc. are also included in this scope).
• Taking from the Location: This requires the termination of the possessor's control over the item and the establishment of the perpetrator's own control.
• Intent to Gain Benefit: The perpetrator must acquire the property not merely to relocate it, but with the intention of obtaining an economic/moral benefit for themselves or another person (Specific Intent).

2. Qualified Theft (Article 142)

These are cases where the punishment is increased because the manner in which the crime was committed increased the victim's vulnerability or caused greater harm to public order.

A. Against Public or Social Values ​​(Article 142/1)

• Places of Worship and Public Institutions: Theft of items in places of worship or allocated for public service (e.g., school desks, mosque carpets).
• Exposed Items: Theft of items that, by custom or purpose, should be left outside (e.g., agricultural tools in a field, electrical wires).

B. Regarding the Victim's Situation and Method (Article 142/2)

The penalty is further increased in this paragraph (5-10 years):

• Items kept inside a building: Theft from a house or shop.
• Special Skill (Pickpocketing): Stealing by snatching or picking up items carried in the hand or on the person.
• Information Systems: Transferring money from bank accounts via the internet.
• Unlocking with a Key or Tool: Using a forged key or a special device to disable the lock.

3. Committing the Crime at Night (Article 143)

Our legal system views nighttime as a period when "people's defenses are diminished and criminals have greater opportunities to hide.".

• Increase Rate: If the crime of theft (whether simple or aggravated) is committed at night, the penalty by half .
• Definition of Night: The period of time that begins one hour after sunset and continues until one hour before sunrise.

4. Circumstances Based on Legal Relationships and Requiring a Lesser Penalty (Article 144)

If the perpetrator commits the theft to collect a debt arising from a legal relationship (e.g., secretly taking a watch from someone who hasn't paid their debt, not by force), the crime becomes subject to complaint, and the penalty is significantly reduced. This is a mitigated form of "self-justice" (ihkak-ı hak).

5. Low Value of the Property (Article 145)

The legislator has specifically regulated situations where the economic value of the stolen goods is very low, also known as "theft by the poor.".

• Discretionary Power: The value of the item is so small (e.g., a loaf of bread or a piece of fruit) that the judge may reduce the sentence or even refrain from imposing a sentence altogether, depending on the specifics of the case.

 Note: If the crimes of "Violation of Domicile" and "Damage to Property" (such as breaking down a door to enter) are also committed in a theft case, prosecution for these crimes is initiated without requiring a separate complaint (Article 142/4). This is a provision that disadvantages the perpetrator in terms of the cumulative (combination) of crimes.

II: THE CRIME OF ROBBERY (EXTORTION) (Turkish Penal Code Articles 148-150)

The fundamental difference between robbery and theft is not merely the secret or unauthorized taking of property, but also the breaking of the victim's will coercion or threat .

1. Simple Plunder (Article 148)

For the crime of robbery to occur, the perpetrator must have attacked the victim or a relative;

• Threatening to attack someone's life, bodily integrity, or sexual integrity,
• Or it would require the actual use of force (physical coercion).

The critical element: The victim must be compelled to deliver the goods or to refrain from resisting the taking of the goods .

• Extortion of a Document (Article 148/2): This includes not only property but also forcing the victim to sign a document that obligates them to debt, or preventing its destruction.
• Immobilization (Article 148/3): Rendering the victim defenseless by administering drugs to put them to sleep or tying them up is considered "coercion" under the law.

2. Qualified Robbery (Article 149)

Certain characteristics of the crime pose a greater danger to society, leading to an increased sentence of 10 to 15 years

• By means of a weapon: Using a weapon to overcome the victim's resistance.
• At Night: Taking advantage of the darkness when defense options are limited.
• In a home or workplace: Committed by entering the areas where a person feels most private and secure.
• Involving Multiple Persons: The number of perpetrators increases the psychological pressure on the victim.
• Disguising oneself: Wearing a mask or disguising oneself.

3. Circumstances Requiring a Lesser Penalty (Article 150)

In cases of looting, certain special circumstances are foreseen in order to balance justice:

• Purpose of Debt Collection: If the perpetrator uses force or threat to recover a debt arising from a genuine legal relationship (e.g., money lent), they will not be directly punished for "robbery." They will only be punished for the crime of "threat" or "intentional injury" they committed.
• Low Value of the Stolen Item: If the stolen item is of very low value (e.g., only a few lira or an insignificant item), the penalty may be reduced by one-third to one-half.

III: DAMAGE TO PROPERTY (Turkish Penal Code Articles 151-153)

Another aspect of crimes against property is not the seizure of property from its owner, but the violation of its physical integrity.

1. Simple Damage to Property (Article 151)

Destroying, damaging, polluting, or rendering unusable another person's movable or immovable property constitutes this crime.

• Complaint Requirement: The simplified form is subject to a complaint.
• Broad Definition: Not only breaking something, but also defacing a wall by painting over it, for example, constitutes "damage to property."

2. Aggravating Circumstances (Article 152)

The nature of the damaged property or the method of causing the damage increases the penalty:

• Damage to Public Property: Damaging places designated for public service, such as schools, hospitals, or bus stops.
• Method: Causing damage by burning, using explosives, or triggering disasters such as floods (which also jeopardizes public safety).

3. Damaging Places of Worship and Cemeteries (Article 153)

This article protects the religious values ​​and spirituality of society rather than property rights. Damage to places of worship such as mosques, churches, and synagogues, or to cemeteries, is punishable by imprisonment. If the act insulting (humiliating) , the penalty is further increased.

IV: ABUSE OF TRUST (Turkish Penal Code Article 155)

This crime differs from theft in one fundamental respect: the property has already been acquired by the perpetrator with the owner's consent. The crime is constituted by the "betrayal" that occurs after the property has been received

1. Formation and Simple Nature of the Crime (Article 155/1)

• Transfer of Possession: The item must have been transferred to the perpetrator for safekeeping or for a specific use (e.g., a watch left for repair, a computer lent out).
• Taking Ownership or Denial: The perpetrator must either sell, mortgage, consume, or deny the transfer of the property entrusted to them, claiming, "I was not given such property."
• Complaint: The basic form of the crime is subject to complaint.

2. Aggravating Circumstances (Article 155/2-3)

• Due to Professional or Artistic Requirements: The penalty is significantly increased if the goods have been delivered to a lawyer, transporter, trader, or due to a service relationship (e.g., an accountant). This is done to protect "professional trust" within society.
• Motor Vehicles (Article 155/3): With the legal amendment at the end of 2025, the penalty by one fold . This is a stricter measure aimed at preventing abuses in the rental (rent-a-car) sector.

V: CRIME OF FRAUD (Turkish Penal Code Articles 157-158)

Fraud is the most "intellectual" and deceptive of property crimes. The perpetrator, through fraudulent behavior, deceives the victim into disposing of their assets.

1. Simple Fraud (Article 157)

• Deception: A simple lie isn't enough; the lie must possess a certain intensity and skill (like a meticulously crafted scenario) capable of misleading the victim.
• Deception and Harm: The victim must be misled as a result of this deception, and this mislead must cause harm to themselves or another person, thereby benefiting the perpetrator.

2. Qualified Fraud (Article 158)

If the fraud targets sensitive issues within society, the penalty is increased from 3 to 10 years (with a minimum of 4 years in some cases):

• Religious Exploitation: The misuse of religious beliefs and feelings (e.g., selling places in paradise, disguising fundraising as a legitimate activity).
• Information Technology and Banking: Internet banking, fraudulent websites, or theft of credit card information.
• as a Public Official: The perpetrator introduces themselves as a police officer, prosecutor, or bank employee (one of the most common methods today).
• Insurance Claim: Damaging your own property and then trying to collect insurance money.
• Exploiting Vulnerability: Taking advantage of a victim's weakened cognitive abilities or difficult circumstances.

VI: OTHER PRIVATE PROPERTY CRIMES

1. Using a Promissory Note Without Consideration (Article 156)

It is the process of pursuing or using a promissory note that has been paid but not returned, or that was left blank and later filled in. It is subject to complaint.

2. Disposition of Lost Property (Article 160)

It is the act of spending a wallet found on the street or money accidentally deposited into a bank account "as if one were the owner" without reporting it to the authorities. This is the criminal law aspect of the "found property" regime (Turkish Civil Code Article 769).

3. Uncompensated Use (Article 163)

• Vending machines: Obtaining products from vending machines without paying.
• Illegal Usage: Using electricity, water, or natural gas without a meter or with a tampered meter. Here, it's not the "transportation" of the goods that is penalized, but the unauthorized use of the service.

Article Note: The principle of effective repentance (Article 168) is crucial in these crimes . If the perpetrator fully compensates the victim for the damage before the trial, they may receive a reduction of up to two-thirds in their sentence. In property crimes, the law may prioritize "compensation for damages" over punishment.

VII: PERSONAL IMMUNITY FROM PUNISHMENT AND EFFECTIVE REPENTANCE (Turkish Penal Code Articles 167-169)

While these provisions do not alter the fact that the crime has been committed, they result in "no punishment" or "a reduction in punishment" due to the perpetrator's status or post-crime behavior.

1. Personal Grounds for Immunity and Reduction of Sentence (Article 167)

In our legal system, due to the principle of "inviolability within the family," property crimes committed within certain kinship relationships (excluding robbery and aggravated robbery) are either not punished at all or the punishment is reduced.

A. Cases of Complete Impunity (Article 167/1)

If the crime was committed between the following individuals, "no grounds for punishment" will be issued regarding the perpetrator:

• Spouses who have not yet decided to separate,
• Ascendants (parents, grandparents) or descendants (children, grandchildren),
• Siblings living together in the same dwelling,
• Adoptive parent or adopted child.

Critical Exception: This rule of robbery (extortion) . That is, a son who secretly takes his father's money (theft) will not be punished; however, if he takes it by force (robbery), he cannot benefit from this protection.

B. Reduction in Sentence and Complaint Requirement (Article 167/2)

For relatives with a more distant connection, the penalty by half , and the crime becomes subject to complaint.

• Separated spouses,
• Siblings who do not live in the same dwelling,
• Uncle, aunt, nephew/niece living in the same household.

2. Effective Repentance: Making Amends for Damages (Article 168)

Effective repentance is when the perpetrator, after the crime is completed, shows remorse and compensates the victim for the damage. The legislator encourages "compensation for the victim's financial loss" rather than simply punishing the perpetrator.

• During the investigation phase (before litigation): If the damage is fully compensated, the penalty may be reduced by up to two-thirds
• During the Prosecution Phase (After the Case is Filed): If the damage is remedied before a verdict is given, the reduction rate halved (1/2) .
• Regarding the Crime of Robbery: The rates of effective repentance are lower in robbery cases (rates of 1/2 and 1/3 apply) because there is an attack not only on property but also on personal liberty.
• Partial Reimbursement (Article 168/4): If the perpetrator has paid only a portion of the damages, the victim's consent is required for the application of the reduction provisions.

3. Purchase or Acceptance of Stolen Goods (Articles 165-166)

A person who buys or accepts property obtained through the commission of a crime (stolen property), even if they did not participate in the commission of the crime, shall also be punished.

• Failure to Report (Article 166): A person who learns later that property was obtained through crime but fails to report it to the authorities will also face imprisonment or a fine. These articles aim to reduce the appeal of the main crime (theft, fraud, etc.) by preventing the circulation of the fruits of crime in the market.

4. Security Measures Regarding Legal Entities (Article 169)

When crimes such as theft, breach of trust, and fraud are committed for the benefit of a company or association (legal entity), security measures specific to that legal entity (e.g., revocation of license, confiscation) are applied.

 GENERAL CHARACTERISTICS OF CRIMES AGAINST PROPERTY

The crimes in this section are cornerstones of social trust and economic order. The law categorizes acts as follows: Fraud if there is "Deception," Breach of Trust if there is " Treason , " Theft if there is "Secrecy , " and Robbery if there is " Coercion." Common provisions have transformed justice from a mechanical punishment into a flexible structure that centers on family ties and redress for the victim.