TCK art.141-142: Theft and aggravated cases.
Penalties
- Simple theft (art.141): 1-3 years in prison
- Theft in residence (m.142/1-b): 5-10 years
- At night (m.142/1-d): 3-7 years
- Two or more people (Art.142/2-a): 5-10 years
- With information system (Art.142/2-e): 5-10 years
Theft in a Residence
- Residence: a place where people live
- Including outbuildings
- Different from a workplace (TCK art.142/1-c)
- Housing immunity + theft are two separate crimes
Theft via Information System
- Withdrawal from bank account
- Transfer from crypto wallet
- Use of fake card
Compensation
- Damage to the victim (value of goods)
- Recovery of the theft items new one
- Pecuniary damage (personalization)
Supreme Court 6th CD and 17th CD
6. CD accepts that theft requires "taking possession" and that the person who buys the goods with the knowledge/consent of the victim will commit the crime of abuse of trust.
Criminal defense is recommended.