The offence of taking benefit without payment according to Turkish criminal code

The subject of this study is the offence of "benefiting without payment" according to Turkish Criminal Code. This term means benefiting from a service without compensation. It is defined in article 163 of Turkish Criminal Code (Law No.5237). The offence of "benefiting without payment" has entered into the Turkish Criminal code for the first time with the additional articles 521a and 521b of Law No. 765. Any person who obtains a benefit dishonestly from paid services like accommodation, refreshment and transportation or any payment required automatic machines had been subjected to the articles of Law No. 765. According to article 163 of Turkish Criminal Code (Law No.5237), it is defined that Any person who obtains a benefit from a service, which requires payment, provided by an automatic machine or Any person who obtains a benefit, without the consent of the possessor or owner, from an electromagnetic wave broadcast (coded or uncoded) or telephone line, or telephone frequency and Any person who obtains a benefit, without the consent of the possessor or in a way to prevent the consumption amount from being determined, from electrical energy, water or natural gas to be consumed in line with the principles of subscription, shall be sentenced to a penalty. This thesis takes an in-depth look at the offence of "benefiting without payment" under Turkish Criminal Law. In our thesis, the offence of "benefiting without payment" is analysed under three chapters. In the first chapter, the term of offence and the philosophy behind it are described. Also, the development and implementation of the norms of this offence in Turkey and in several other countries is expressed. In the second chapter this offence is compared with the other property offences. In the third chapter the elements of the offence are examined and discussed.