The crime of plundering in Turkish penal code

Turkish Penal Code no 765 which is applied since 1926 has been abolished by the Turkish Penal Code no 5237 which is entered in force on June 1, 2005. The crime of plundering which is named as deforcement in abolished Turkish Penal Code no 765 is arranged in the 148th, 149th and 150th articles of tenth part as crimes against "Property Ownership" of the second part named "Offenses Against The Person" in the second entitled "Special Provisions" of Turkish Penal Code no 5237. Turkish Penal Code no 5237 in which, the simple circumstance crime of plundering in article 148/1, crime of bill plundering in article 148/2, aggravating elements in article 149, circumstances requires less punishment in article 150 and adjudgements effective remorse to be applied crime of plundering in article 168 are regulated. Crime of plundering, is obtaining property by using compulsion or threat. Crime of plundering which is consisted of threat, compulsion and theft is a compound crime. Since it is a compound crime it has plenty legal benefits which are protected by crime. Legal benefits like possessory, property right, personal liberty, right to life and physical integrity are protected by this crime. That is why crime of plundering is subjected severe sanctions and the most dangerous one between the crimes committed against properties. The study consists of three main parts. In the first part, it is focused on cognitive research, the development of crime under scope of old and new law, legal values protected by crime and its difference from similar crimes. In the second part, it is given general informations related the crime, besides its elements are examined in detail. In the last part, qualified circumstances of the crime, specific appearance of crime, effective remorse, investigation and prosecution methods, competent court, sanction and prescription cases are studied.