TCK Article 141 punishes "a person who takes someone else's movable property from its location without the consent of the possessor, with the aim of benefiting himself or someone else", with theft.
Basic State (art.141)
- Punishment: 1-3 years imprisonment.
- Depends on the complaint.
- Taking the property subject to theft for use (Art. 141/2): lower penalty (situations similar to joy ride).
Qualified Circumstances (m.142)
- In a residence, workplace or closed place, even in annexes: 3-7 years in prison.
- On public transport or concourses: same band.
- Product or animal from the agricultural field: same band.
- Commonly used item: same tape.
- Against a person who cannot defend himself physically or mentally: 5-10 years in prison.
- With a gun: 5-10 years in prison.
- Combined by more than one person: 5-10 years in prison.
- By taking advantage of the frightening power created by the existing or assumed criminal organization:higher band.
- Purpose of benefiting the criminal organization: additional increase.
- Using information systems: 3-7 years + judicial money.
Complaint and Ex officio Prosecution
- Article 141 basic case: depending on the complaint.
- Art.142 qualified cases: prosecuted ex officio, not dependent on complaint.
Supreme Court 13th CD — Established Approach
13. CD adopts the search for the "taking in a way to destroy possession" element of theft, and in case the goods are taken with the intention of being used for a short time/returned, it is evaluated within the framework of Article 141/2 (taking with the intention of using).
Residential Theft
Theft from a residence, workplace or their annexes is an aggravated qualified case; It can also be combined with violation of TCK Article 116 residential immunity. Generally, two crimes are punished separately by actual jurisprudence.
Effective Regret (TCK Article 168)
Effective repentance provides a significant discount in theft:
- Complete compensation for the victim's damage.
- 1/2-2/3 discount during the investigation/prosecution phase.
The "Cuzi" Debate
TCK Article 145 provides for a reduction in the penalty due to the low value of the theft property. The amount considered "small" varies depending on the file; daily living standards are observed.
Practical Considerations
Theft cases are handled under heavy penalty (Art. 142 qualified) or minor penalty (Art. 141). Criminal defense attorney is recommended.