The crime of theft has been committed from ancient times to the present day and is one of the most commonly committed crimes in our country as well. Nowadays, the manner in which theft is committed, the tools used in the commission of the crime, and the skills of the perpetrator vary. Theft is the act of taking movable property belonging to someone else without the owner’s consent for the purpose of benefiting from it.
The crime of theft is regulated between Articles 141 and 147 of the Turkish Penal Code. The simple form of theft, also known as open theft, is regulated in Article 141 of the Turkish Penal Code, and the perpetrator shall be punished with imprisonment for a term of one to three years.
QUALIFYING CIRCUMSTANCES: The qualifying circumstances of the crime of theft are regulated in Article 142 of the Turkish Penal Code.
In the first paragraph of the article: Regarding property located in public institutions or establishments or places designated for worship, regardless of the owner, Regarding property located inside public transportation vehicles made available for public use or at their designated departure or arrival points, Regarding property prepared to prevent or mitigate damages that could be caused by a disaster or general calamity, Regarding property left exposed due to custom, allocation, or usage, If committed, the perpetrator shall be punished with imprisonment for a term of three to seven years.
In the second paragraph of the article: By taking advantage of a person’s inability to protect their property or their death, By pulling and taking away property carried on the person or in their possession using special skills, By taking advantage of fear or chaos caused by a natural disaster or social events, By wrongfully possessing or opening a lock with a duplicate key or other tool or preventing it from being locked, By using information systems, By taking precautions to avoid recognition or by assuming an official title without authorization, Regarding large or small livestock, Regarding property left in a place accessible to everyone but secured by locking or kept in a building or its annexes, If committed, the perpetrator shall be punished with imprisonment for a term of five to ten years.
Furthermore, if the crime of theft is committed by pulling and taking away property carried on the person or using special skills against a person who is unable to defend themselves physically or mentally, the imposed sentence shall be increased by up to one-third.
If the crime of theft is committed regarding liquid or gaseous forms of energy and their transportation, processing, or storage facilities, the perpetrator shall be punished with imprisonment for a term of five to twelve years. If this act is committed within the framework of an organization’s activities, the sentence shall be increased by half and a judicial fine of up to ten thousand days shall be imposed. (Article 142/3 of the Turkish Penal Code) For the application of this qualifying circumstance, the stolen item must be in the form of liquid or gaseous energy, and the theft must have occurred in relation to the transportation, processing, or storage of such energy. Substances such as natural gas, air gas, petroleum, and liquid fuel, which are not used based on subscription, constitute the subject of this crime. The unauthorized use of electricity, natural gas, or water enjoyed based on subscription does not constitute this crime. It is regulated that actions specified by adding the phrase “unauthorized use of electricity, water, and natural gas enjoyed based on subscription” to the third paragraph of Article 163 of the Turkish Penal Code constitute the crime of unauthorized benefit.
The simple form of the crime of violation of the inviolability of a dwelling regulated in Article 116/1 of the Turkish Penal Code requires a complaint for prosecution. Similarly, the simple form of the crime of damaging property regulated in Article 151 of the Turkish Penal Code is also subject to a complaint for prosecution. However, in the case of the violation of the inviolability of a dwelling or the commission of property damage for the purpose of committing the crime of theft, no complaint is required for investigation and prosecution. (Article 142/4 of the Turkish Penal Code)
If as a result of the commission of the crime of theft, there is a temporary disruption of public service in the fields of communication, energy, or railway or air transportation, the punishment for the crime of theft shall be increased by up to twice the amount. (Article 142/5 of the Turkish Penal Code)
Commission of the Crime at Night: According to Article 143 of the Turkish Penal Code, if the crime of theft is committed at night, the imposed sentence shall be increased by half. Nighttime is defined as “the period starting one hour after sunset and continuing until one hour before sunrise” in paragraph 1(e) of Article 6 of the Turkish Penal Code.
The following is a translation of the provided text:
QUALIFYING CIRCUMSTANCES THAT REQUIRE LESSER PENALTIES: (Article 144 of the Turkish Penal Code) If the crime of theft is committed by a co-owner or through joint ownership of the property, with the intention of collecting a debt based on a legal relationship, the offender shall be punished with imprisonment from two months to one year or a judicial fine. The prosecution of this qualifying circumstance of theft is dependent on a complaint.
For the application of this qualifying circumstance, it is necessary for the subject of the crime to be an item owned by a co-owner or through joint ownership, and for the offender or the victim to be a co-owner or joint owner of the item. Additionally, this provision also includes cases where theft is committed for the purpose of collecting a debt based on a legal relationship.
CASE OF LOW VALUE OF THE PROPERTY: (Article 145 of the Turkish Penal Code) If the value of the property constituting the subject of the crime of theft is low, the penalty may be reduced, and depending on the manner and characteristics of the offense, the punishment may be waived. According to decisions of the Court of Cassation, if the value of the property in question is 1/10 or less of the current gross minimum wage, a reduction in the penalty should be applied.
THEFT BY USE: (Article 146 of the Turkish Penal Code) If theft is committed by temporarily using the property and intending to return it to the rightful owner, the penalty to be imposed shall be reduced by half. The prosecution of this form of theft is dependent on a complaint. For theft by use to occur, the offender must take the property temporarily with the intention of returning it. The distinguishing factor of theft by use from regular theft is the offender’s intention to temporarily take and subsequently return the property.
However, this provision shall not apply if the property is used for the purpose of committing a crime.
CASE OF NECESSITY: (Article 147 of the Turkish Penal Code) If theft is committed to meet a severe and urgent need, depending on the nature of the incident, the penalty may be reduced or waived entirely. In this case, the offender acts with the awareness of taking something to meet a severe and urgent need. In a decision dated March 20, 2012, the Court of Cassation considered the removal of an electricity meter and using unauthorized electricity as a means to meet a severe and urgent need.
PERSONAL EXEMPTIONS IN THE CRIME OF THEFT: According to Article 167 of the Turkish Penal Code, if theft occurs between individuals with a specific family relationship, no penalty shall be imposed on the offender.
The crime of theft committed against:
- One of the spouses for whom no separation decision has been made,
- An ascendant or descendant, brother or sister living in the same household,
- An adoptive parent or adopted child,
- Individuals living in the same household as siblings,
shall be exempt from punishment.
Article 167/2 of the Turkish Penal Code states that if theft is committed to the detriment of one of the spouses for whom a separation decision has been made, one of the siblings who does not live in the same household, or individuals living in the same household as uncles, aunts, nieces, nephews, or second-degree in-laws, a reduction in the offender’s penalty shall be applied. Furthermore, in such cases, the prosecution and trial of the offense are subject to a complaint.
EFFICIENT REPENTANCE: Efficient repentance refers to the situation where, after the completion of the crime, the offender shows genuine remorse and takes measures to eliminate, reduce, or restore the effects caused by the crime, which leads to the cancellation of the penalty or a reduction in the penalty.
Article 168 of the Turkish Penal Code regulates the provisions of efficient repentance for certain crimes. In terms of theft, the article states that if the offender, the instigator, or the accomplice shows genuine repentance by fully compensating the victim for the damage incurred through restitution or compensation before the prosecution is initiated, the penalty shall be reduced by up to two-thirds. If efficient repentance is demonstrated after the initiation of the prosecution but before a verdict is reached, the penalty shall be reduced by up to half. Partial restitution or compensation requires the consent of the victim for the application of efficient repentance.
PROSECUTION OF THEFT CRIME: The crime of theft is investigated and prosecuted ex officio. When sufficient evidence to initiate a public prosecution is obtained by the public prosecutor, a public lawsuit will be filed. However, there are exceptions to this rule. In cases where theft is committed with the intention of collecting a debt based on a legal relationship or through joint ownership of the property (Article 144), theft by use (Article 146), or theft committed against certain individuals as described in Article 167/2 (spouses with a separation decision, siblings not living in the same household, and certain relatives living in the same household), the prosecution of the offense is dependent on a complaint.
COMPETENT COURT: For theft crimes falling within the scope of Article 142/3 of the Turkish Penal Code, which involve liquid or gaseous energy and their transportation, processing, or storage facilities, Heavy Penal Courts have jurisdiction. For other theft crimes, the competent court is the Criminal Court of First Instance.
Our office, located in the İzmit district of Kocaeli province, provides consultancy and legal representation services in theft crime cases, as well as in all other criminal matters, with experienced and specialized criminal defense attorneys.