12 May Larceny
WHAT’S THE CHARGE OF THEFT?
The crime of theft protects the person’s right to property in terms of legal value and, as a matter of fact, the right to possession. In this context, the crime of theft occurs when the person who has stolen a movable property for which someone else has stolen it is taken from his or her place of residence in order to benefit himself or anyone else, even though he or she does not have the consent of the person. A crime of theft is a crime committed against property values. In the crime of theft, the goal has been described as obtaining an economic interest. Theft charge, tck’s 141. and 147. the clauses are arranged between.
IS THE CRIME OF THEFT SUBJECT TO COMPLAINT?
The crime of theft is one of the crimes that must be investigated formally, in all its forms, simple or qualified. Since the crime of theft is not counted among the crimes related to the complaint, the crime does not have a period of complaint.
The complainant may win the title of party in the criminal case by requesting intervention at any stage where the hearings are ongoing after the public case has been opened. Because the crime in question is not subject to the complaint, the dismissal of the complaint does not result in the dropping of the public case.
Simple theft offense (TCK md.141) are offences requiring the application of a procedure of reconciliation between the parties. For crimes that are within the scope of reconciliation, both in the investigation and prosecution phase, the settlement procedure must be implemented first. If a compromise cannot be reached, an investigation or trial must continue.
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 removes the property of the victim as a result of his or her actions.
Elements and conditions of the crime of theft
1-THE SUBJECT OF THEFT IS MOVABLE PROPERTY
According to the TCK, theft can only be committed on movable property. For example, cars, bicycles, household goods, wallets, etc. such goods are movable property. Goods with a certain economic value as of their nature are called” goods”. When an item of no economic value is stolen, the crime of theft does not occur.
No theft can be committed on real estate. For example, it is possible to say that if a real estate owner is transferred to someone else with false documents without his consent, not theft, but forgery and qualified fraud offences will occur on official documents.
2-POSSESSION IS PROTECTED WITH THE CRIME OF THEFT
The crime of theft protects possession rights, which have a wider scope than property. Zilyet means the person who actually controls a property. The person who is the bell-maker may not be the owner of the property. In order for the crime of theft to occur, the owner of the goods in question does not have to be the owner of the goods at the same time. For example, when an automobile is given to a person to drive, a theft offence occurs if a third person takes the car away without the consent of the driver.
Again, it does not matter that the person who has the right to possess the property in question has obtained the possession in accordance with the law or in violation of the law. In other words, the crime of theft occurs when a car stolen by a thief is stolen from the thief again by someone else.
In order for the crime of theft to occur, the goods must be removed from the territory of the possession of the goods and the possession must be obtained by establishing actual sovereignty over the goods by the perpetrator. Attempted theft is related to whether the act is completed or not. If the perpetrator is caught as a result of continuous follow-up immediately after receiving the property from the place where it is located, the perpetrator should be tried not with the crime of theft but with the attempted crime. Because, the crime is considered incomplete when the perpetrator caught as a result of continuous follow-up is not able to take the property completely under the Actual Control. However, if the perpetrator disappears for a period of time during the pursuit and the perpetrator is later seen and caught again, the crime of theft is considered complete.
PENALTY FOR SIMPLE THEFT AND EXPOSED ITEMS
Exposed items describe items left in public places that resemble streets, streets, parks, gardens, Beach sides and places other than the private areas where the victim lived. Simple basic form of theft crime, TCK md. It is about items left in the Open held in 141.
If the goods that are committed for theft are left in the Open due to use or custom, the goods that should be left in the open, in this case, not the simple form of the crime, the qualified form is in question. For example, it is necessary to mention the qualified state of the crime as the agricultural tools left in the field are the items left in the Open due to their use. Although these goods are in the open, a qualified theft offence occurs when they are taken against the consent of the zilyedi.
According to established Supreme Court practice, the acts that make up the subject of the simple theft offence are (supreme court CGK -2015/98 K.):
Theft of personal items left exposed by construction workers,
Theft of items put on display in front of workplaces,
Sunday Sunday vegetables and fruits left in the open to be stolen, again in the market place of clothing items found in the counter theft,
Theft of agricultural vehicles left in fields outside the agricultural season,
Theft of items other than construction materials left for construction,
Theft of items left in the open for a short time while downloading goods to the workplace,
Her belongings, which were briefly left unguarded in the street while moving home, were stolen,
Theft of bicycles left unlocked in streets and streets,
Stolen belongings left in open space on beaches,
Again, the theft of a person sitting in the park’s purse, which he put on the bench,
The theft of items from a pram or a Sunday car.
The penalty for a simple theft offence is imprisonment from 1 to 3 years (TCK 141).
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