12 May Causing Damage To Property
WHAT IS DAMAGE TO PROPERTY? (TCK M.151-152)
The destruction, destruction, destruction or contamination of any property belonging to another person is called damage to the property. The offence of damage to property has been established in order to protect the rights of the property belonging to someone else and to punish the above-mentioned unlawful acts on the property belonging to someone else. Damage to property, TCK m. Edited from 151-152.
COMPLAINT, STATUTE OF LIMITATIONS AND RECONCILIATION 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 offence in question is subject to complaint. In other words, the victim of the crime in question should exercise the right to complain within 6 months from the learning of the perpetrator and the actual.
The quality of the crime is the form that requires a heavier punishment. Therefore, the qualified forms of the offence in question are not among the offences subject to complaint. That is, even if the victim does not complain to the perpetrator, the crime can be investigated by the prosecution itself within the 8-year statute of limitations.
For the offence of simple damage to property, a settlement procedure is first applied between the parties. So the crime in question is within the scope of reconciliation. For crimes that are within the scope of reconciliation, both at the stage of Investigation and prosecution, the settlement procedure must be implemented first, and if no compromise is reached, the investigation or trial must continue.
ELEMENTS OF THE CRIME OF DAMAGE TO PROPERTY
Property rights are protected as explained above by the crime of damage to property. The subject of the crime may be a property of securities or a property of real estate. That is,a movable property of the victim(watch, telephone, etc.) in case of damage to immovable property such as his house, land, as it may be, the crime in question occurs.
The crime of damaging property is a crime that can be committed with general caste. It does not matter whether the perpetrator acts for a specific purpose while performing the act of damage to property.
The offence of damage to property is a crime that can be committed by electoral acts. The number of different ways the act of damage to property can be executed is limited to TCK md. It is stated in 151. This crime cannot be committed except for acts that are limited in law.
According to tck, the crime of damage to property can be committed:
1. BY CORRUPTING THE GOODS OR MAKING THEM UNUSABLE
If the perpetrator distorts the nature of the property or fails to perform the function in which the property is specified, the crime of damaging the property by making it unusable shall occur.
2.DAMAGE TO PROPERTY BY DEMOLISHING
The verb to break down means that a greater change occurs in the body of goods than corrupts the goods. Like the fall of the wall surrounding the victim’s House.
3. DAMAGE TO PROPERTY BY DESTRUCTION
Destruction of the property causes it to lose its physical properties. To destroy a commodity is to break it, to pillage it, and to destroy it. For example, breaking the windows of the car belonging to the victim, etc.
4. CRIME OF DAMAGE TO PROPERTY BY DESTRUCTION
Due to the act in question, the possibility of repairing the goods is eliminated. The verb, which is committed in such a way as to make it impossible for the goods to be repaired or used again, is one of the forms of damage to the goods called destruction.
5.CRIME OF DAMAGING PROPERTY BY POLLUTING
Damage to goods sometimes does not damage the integrity or physical structure of the goods only because of the “tainted” of the goods to become obsolete requires effort and expense. If the goods are polluted, the crime of damaging the property by polluting it occurs.
6. THE OFFENCE OF DAMAGE TO PROPERTY BY KILLING THE POSSESSED ANIMAL
Unfortunately, in TCK, owned animals are accepted as commodities. TCK m. According to 151/2, the person who kills a possessed animal without justification shall be punished according to the provisions of the crime of damage to property.
No Comments