Theft In Turkish Penal Code

Theft is a crime that has been occurring since the ancient times and is one of the most commonly committed crimes in the country. Factors such as the methods and the tools used in performing the crime, as well the personal skills of the offender show variety on a daily basis. The different approaches present in academia and practice, which have emerged as a corollary of the variety in the way theft is committed, have guided this study. This thesis consists of three parts. Part I defines theft and provides its historical background. It then discusses the legal interest the illegalization of theft aims to protect and explores the various elements of the crime. Part II analyzes those cases that may require a less severe or a heavier penalty in comparison to the basic form of the crime. It also explores the impacts of low value of the goods, theft committed with an intent to return the goods, the reasons for personal impunity, and the active remorse clause. Lastly, Part III considers the legal judgement and liabilities for theft and discusses its differences from other crimes that appear similar in nature. In this study, explanations on theft have been made in reference to the Turkish Criminal Code No. 5237. Additionally, in light of the legislative changes, comparisons have been made with the now abolished Turkish Criminal Code No. 765. Furthermore, widely accepted academic arguments and their opposing views have been have been evaluated with consideration to the decisions of the Criminal Chambers of the Court of Cassation.