What is the Crime of Theft and How Does It Occur?

The crime of theft is defined in Article 141 of the Turkish Penal Code. Accordingly, “ taking movable property belonging to another person without the consent of the owner ” constitutes this crime. In order for the crime to occur, the property must be movable, the perpetrator must take the property without the consent of the possessor and must have actual possession of the property.

The crime of theft must have both a material element (taking the property) and a moral element (intention). In other words, the perpetrator must have taken the property willingly and knowingly. If the crime remains at the attempted stage, that is, if only a trial is made without taking the property, criminal liability still arises, but it is applied with a reduced rate.

In which areas are theft crimes most common in Antalya?

Antalya is a city prone to theft due to its large city structure and tourist density. Especially:

  • In tourist areas : Items such as mobile phones, wallets and passports are targeted in hotels, holiday resorts, beach areas and shopping malls.

  • In residences : Apartments, detached houses and residential complexes become targets when left vacant, especially during the summer season.

  • From vehicles : Thefts from vehicles parked in parking lots or on the street are frequently reported.

  • In workplaces : Small businesses such as markets, restaurants and stores may be targeted.

Penal Sanctions Applied for Theft Crimes

For simple theft, the court usually sentences the offender to imprisonment for 1 to 3 years . However, this sentence may increase depending on the type of crime:

  • If processed at night

  • If it was committed with more than one person

  • If a weapon was used

  • If the inviolability of the residence has been violated

  • If a theft has been committed from a public place

In such qualified cases, the sentence can be from 3 to 10 years . If the perpetrator has no previous criminal record, it is possible to postpone the sentence or release him/her on judicial control.

Investigation and Prosecution Process Against Theft Crimes in Antalya

In cases of theft, the process works in the following steps:

  1. Complaint : The victim goes to the nearest police station or gendarmerie and files a criminal complaint.

  2. Investigation : The prosecutor's office examines the file, collects camera recordings, witness statements and criminal reports.

  3. Prosecution : If there is sufficient suspicion, a public lawsuit is filed. In Antalya, theft cases are generally heard by the Criminal Courts of First Instance .

  4. Court : The defendant's statement is taken, evidence is evaluated and a verdict is given.

Legal Rights of People Who Are Victims of Theft

The victim can both participate in the criminal case and file a compensation case . The damaged items are returned by court order or the damage is compensated in monetary terms.

Moreover:

  • The right to complain must be exercised within 6 months (for simple theft).

  • The victim may also file a lawsuit for moral damages.

  • The value of lost items is determined by an expert report.

Rights and Defenses as a Defendant of the Crime of Theft

A person accused of a crime has the right to defend himself:

  • Can request a lawyer

  • If he is arrested, he will make his defense within the time limit for being brought to court.

  • Can present evidence and present witnesses against the charges in the indictment

In Antalya, especially young people, individuals who cannot find work or those with addiction problems are tried for this crime, but the circumstances of each case are evaluated separately. It is possible to prove that no crime was committed.

Peace and Conciliation Practice in Theft Crimes in Antalya

Simple theft cases are among the crimes subject to reconciliation . If the victim accepts that the perpetrator has compensated for the damage and is remorseful, the case can be closed without going to court. In this case, no punishment is given.

During the reconciliation process:

  • The parties meet in the presence of the mediator.

  • Material damage is compensated

  • When the parties agree, the lawsuit is not filed or is dismissed.

Qualified Theft and Factors That Increase Penalty

The following situations are factors that increase the penalty:

  • Night time burglary

  • Breaking a lock, drilling a wall or climbing to enter

  • Committed with a weapon or threat

  • Offence against public property

  • It should be done in an organized manner

In Antalya, prosecutors may refer cases of organised theft to the high criminal court.

Statute of Limitations and Limiting Periods for Theft Crimes

From the date of the crime:

  • The statute of limitations for simple theft is 8 years.

  • For qualified theft, it can be up to 15 years

If the complaint period is missed (in simple theft), the prosecutor's office will decide not to prosecute. However, if a public lawsuit has been filed and the defendant is a fugitive, the file may remain open.

Most Curious Topics in Antalya

What punishment will the person who entered my house receive if he is caught?
→ He is tried for qualified theft, and his sentence may vary between 3 and 7 years.

As a victim of theft, how do I report it?
→ You can file a criminal complaint by going to the police station or the courthouse and giving a statement.

Who pays for material damage?
→ The perpetrator or the perpetrator's family may compensate. Otherwise, enforcement proceedings may be initiated.

Is the penalty the same for attempted theft?
→ No, the sentence will be reduced. But the prison sentence will still be given.

Can camera footage be used as evidence?
→ Yes, it is one of the strongest evidence in court.

If the thief is not caught, will the case be dropped?
→ No, the investigation remains open. However, it may remain suspended until the perpetrator is found.

Legal Advice for Citizens in the Fight Against Theft in Antalya

  1. Do not hesitate to contact the police in the event of an incident.

  2. Quickly collect evidence such as camera footage, witnesses, and damage assessments.

  3. Do not miss the complaint deadline.

  4. For material damages, both participate in criminal proceedings and also file a compensation lawsuit.

  5. Get legal support from a lawyer throughout the process.