Robbery (extortion) is a crime (TCK 148)
A person who compels another person not to resist the delivery or receipt of property by threat or use of force on the basis that he or one of his relatives will commit an attack on his life or his physical or sexual immunity, or cause serious damage to his property, shall be sentenced to imprisonment from six to ten years Years
What is the crime of Loot?
Theoretically, the crime of robbery is the formation of a more serious crime by combining two different crimes (see: compound crime) These crimes are coercion or threat + theft.
The difference between the crime of robbery and robbery is the usurpation of property by force/threat by intimidating the victim and risking his or her life.
The legal value protected in the crime of plundering is property or physical or sexual immunity, but in addition to this, the mental health of the victim is seriously damaged. As we can see in examples such as usurping her property by intimidation, threats, extortion by disrupting her bodily integrity, extortion by force, extortion by violating her sexual immunity, the victim is under serious psychological and physical pressure. We can also add the freedom of the victim to this title, because the victim is forced to do what he does not want with coercion / threat. When we look at the crime of looting, it is a very serious and serious crime that attacks freedom. Freedom and human psychology.
A non-pecuniary damage claim is a demand for payment of a certain amount as a result of a person’s grief, anguish, and personal rights due to a wrongful act.(TCK 58)
Non-pecuniary Indemnity Conditions
- There must be a legal attack on personal rights.
- There must be a causal link.
- The injured person and the victim must be the same person.
- There must be moral harm.
Non-pecuniary damages are the cases that allow the victim to receive some money that will relieve the traumas and mental distress of the victim, even a little bit. Non-pecuniary damages are lawsuits that can be filed for attacks on personal rights, while in a normal compensation case, non-pecuniary damages are filed due to moral damages or damages caused by an attack on personal rights.
The main and main purpose of non-pecuniary damage cases is legal protection for the mental health of the victim.
The necessary conditions for filing a lawsuit for non-pecuniary damage are as above, and of course, every situation above exists in the crime of plunder.
Loot of Bills
The looting of promissory notes was regulated in TCK 148. Taking a bill from a person by force or threat or taking the bill that will nullify the debt constitutes the crime of promissory note plunder.
What is a Simple Loot Crime? What is the penalty? (TCK 148)
The simple looting crime is the plain version of the looting crime without any qualified form. Promissory notes looting is simple looting. The sentence is given with a lower limit of 6 years and an upper limit of 10 years. The expression 6 and 10 years here does not mean that the sentence will be given only 6 years and 10 years, it can be given 7 years or 9 years.
What is a Skilled Loot Crime? What is the penalty?
Qualified forms of looting crime are regulated in TCK article 149. These are the situations that increase the punishment. The reasons for increasing the punishment can be given as examples such as giving the victim more fear, deprivation of her freedom, and confiscating her will.
- The crime is committed with a weapon, and the concept of weapon here is firearms, explosive weapons, cutting, piercing, predatory, corrosive, burning, suffocating tools. Pointing the pistol is considered a weapon, but hitting it with the butt is not considered a weapon.
- It is aggravated by the fact that the person makes herself unrecognizable. As an example, we can exemplify the person wearing a mask, disguise (wearing a police outfit).
- Being committed by blocking the road is a situation that increases the person’s fear, being unable to defend herself, and not having people to ask for help (by alleys).
- To be committed for the purpose of providing assistance to existing criminal organizations.
- The fact that criminal organizations are committed by using their frightening power will increase the fear of the victim for a long time, maybe cause him to not be able to sleep comfortably at home, such details should not be forgotten in cases of non-pecuniary damage.
- In the event of more than one person, naturally, the factor that makes the victim unable to defend herself and makes it easier to increase the fear, the existing legislator aggravated the punishment. More than one here means at least 2 people. Those who instigate are sentenced to the same punishment as the perpetrators.
- Working at night adds to the intimidation as well as the difficulty of finding help.
- Those who cannot defend themselves physically or mentally. Children, the elderly, the physically disabled, the mentally ill, drunks, those under the influence of drugs.
If there are reasons that increase the sentence above, the penalty is imprisonment from 10 years to 15 years. Penalties are increased according to more than one qualifying event.
Mitigating Reasons for Punishment
Plundering provisions are not applied in the crime of plunder committed for the purpose of collecting a legal receivable, because plunder cannot be mentioned. Instead, provisions such as threats and intentional injury are applied.
Penalties may be reduced due to the low value of the property. The maximum amount applied is ½ and the minimum amount is 1/3. Here, the judge may not give a discount by justification.
Case in point: Creditor A cannot get her debt from B. A walks into B’s house one night and says to B, “If you don’t pay me your debt, I’ll bury you right here.” Afraid of the incident, B immediately runs to her wallet, gives her 350 TL debt to A, and A leaves the scene.
In the above incident, A is tried and punished not for looting but for threat, because the looting did not take place, and in the event, there is a receivable from a legal relationship. B owes A to A and A has taken it by threat.
Another exemplary case: B, who drinks heavily in the evening and has a cigarette crisis, goes out without taking her wallet. Thinking that she lost her wallet on the way, B looks around and approaches the people named C and D she sees on the road and says, “Give me 50 TL, I will buy cigarettes”. Panicking, C and D immediately hand over the money and walk away.
In the above case, the penalty may be reduced by a minimum of 1/3 and a maximum of ½, unless the judge provides otherwise. He evaluates B’s defense, “I was drunk, I just wanted cigarettes, my purpose was not to harm them, I regret it very much, if they allow me, I would like to cover their losses” and the rest is left to his discretion.
Effective Repentance for Looting
Etkin pişmanlık karşı tarafa yaşatılan zararın iadesi veya tazminiyle beraber karşı tarafın açık rızası ile cezada indirim alma durumudur.
If the perpetrator sincerely and heartily regrets and compensates for the damage, of course, the penalty is reduced with the express consent of the other party.
In the above case, B’s statement “I am very sorry, I would like to cover their losses if they allow it” is a good example of effective regret.
If the effective repentance is before the lawsuit is filed, the penalty to be imposed is reduced by half.
Another way of effective repentance may be possible if the place, names and information of the accomplices, if any, of the instigators are given completely and accurately.
Complaint Period for Loot Crime
Since the crime of looting constitutes an obstacle to public order, it is examined ex officio and is not subject to complaint. As soon as the crime is learned, an investigation should be opened by the prosecutor’s office and an indictment should be prepared.
There is no time for complaint in the crime of looting because it is a serious crime that interferes with public order, shakes the peace, comfort and trust of the society, but there is a statute of limitations. This lasts for 15 years. The crime within this period should be reported to the prosecutor’s office and investigated immediately.
The Assigned and Authorized Court is the Heavy Penal Court. In case the minors under the age of 18 commit this crime, this case will be heard in the Juvenile Heavy Penal Court.