Crime and Punishment of looting

The crime of looting is in fact a unified crime; although it contains multiple separate crimes within itself, the perpetrator is not punished separately from each of them, only with the punishment prescribed in the crime of looting and corresponding to his action. That is the result of United being complicit. This topic is examined under the title of ictima.

The need to ensure the peace and quiet of the people and to establish a reliable environment as people begin to live collectively has set the ground for the emergence of criminal law. Those who do not comply with the pre-determined rules and who do harm to other people or their environment are punished by the state, within the framework of the pre-determined rules and again within the pre-determined limits. Of course, in addition to having certain limits of these sentencing rules, it is also of great importance that they are in compliance with the law in particular.

Looting is essentially a unified crime. Although it contains more than one crime within itself, the perpetrator is not punished separately from each of them, only with the punishment prescribed in the crime of looting and corresponding to the action he committed.

Provisions on looting according to the Turkish Penal Code No. 5237 the second part, under the title “crimes against property” in the tenth Section, 148. article 150. it is arranged between articles. TCK m. 148/1 according to; “The person who obliges another not to resist the delivery or taking of a property by threatening or using algebra by betting that he or she will carry out an attack on the life, body or sexual immunity of his or her relatives or will cause great damage to his or her property shall be punished with imprisonment of six to ten years. “

In other words, in the case of extortion, the perpetrator of this crime receives the property of a securities in the possession of a person by means of an algebraic threat. In the case of looting ( extortion), the perpetrator uses that property with an algebraic threat without the consent of the owner of the bell, and consents the victim to deliver that property to him. Or it breaks its resistance to being taken with algebraic threat. Although it is stated in the law that the crime may be the property of the subject, the case law of the Supreme Court ruled that the subject of this crime could not be real estate.

In cases where the act element of the crime of looting is a threat, the crime of looting will also contain the crime of threat within itself, while in algebra there is a material power used against the victim, this power is the spiritual power in the threat. On the other hand, it is imperative that the threat is directed towards the person’s “life, body or sexual immunity.” Because the law has limited them, it has regulated what the threat can be aimed at through counting. Then TCK m. Under 148/1, only spiritual coercion can be considered a threat: the right to life, the right to body immunity, the right to sexual immunity, and the right to property.

It is imperative that the threat used has a frightening effect on the victim. The victim believes the perpetrator will not carry out his threat and will not be charged with looting if he is still fulfilling his wishes. I mean, the main thing is that the victim understood it that way.

In other words, there should not be any violation of the law in the way that the crime of looting ( extortion ) is committed, so that the Act which is committed by the perpetrator and meets the definition in the law is not given any cevaz by the legal order, there is a conflict with the criminal law and there is a discrepancy between We can only accept the legitimate defense of compliance with this law, which is considered for the crime of Y0. For example; anyone who takes the knife from the hands of a person who attacks him with a knife in order to kill him cannot be punished for the crime of looting.

Attempted Looting Is Possible.

According to Article 35/1 of the Turkish Penal Code, in which the undertaking is regulated, “the person is held responsible for the undertaking if he or she cannot complete a crime which he or she intends to commit by means of favourable actions directly and for reasons which are not in his or her possession.”

For example, if the perpetrator tried to forcibly take the wallet in the pocket of the victim with a knife in his throat, and the citizens who were walking there noticed the situation and intervened, then there would be an attempt to plunder the wallet.

According to Article 36 of the Turkish Penal Code, ” the perpetrator shall not be punished for the undertaking if he voluntarily renounces the acts of execution of the crime or prevents the completion or conclusion of the crime through his own efforts; but if the part that is complete constitutes an actual crime, he shall only be punished with the penalty for that crime.”
In the case of looting ( extortion), the perpetrator shall not be punished separately for both theft and threat or algebra.

Qualified Cases Requiring Heavier Punishment For The Crime Of Looting ( Extortion )

• Weapon Handling
• Processing The Person By Making Him / Her Unrecognizable
• The Co-Operation Of The Crime By Multiple People
• Processing by roadblocks or in housing, workplace or their attachments
• Processing against the person who is unable to defend himself in terms of body or soul
• The use of intimidating force created by existing or deemed criminal organizations
• Committing To Benefit The Criminal Organization
• Night-Time Processing

The Fact That They Were Aggravated Due To The Result Of The Intentional Wounding Offence

Although the crime of looting (extortion ) is said to be a composite crime, the legislator deliberately aggravated the crime because of the result of the crime of wounding while the crime was committed, according to the provisions of wounding deliberately also wanted to be punished.
Turkish Penal Code m. According to 149/2; “ in the event that they become aggravated due to the result of the crime of deliberately wounding during the processing of the crime of looting, provisions regarding the crime of intentional wounding shall also be applied.”

A single crime of looting ( extortion ) occurs, but only due to the result of aggravated wounding is required. As a result of the algebra used to increase the penalty, one or more of the cases listed in Article 87 of the Turkish Penal Code will be sought in the victim. One of these results has not occurred, only if the normal result of the act of intentionally wounding exists, the perpetrator can only be sentenced for the crime of looting.

By law, the offence of extortion ( looting ) brought an exception to the Lesser Penalty:

The act separately assessed the fact that the creditor who did not pay his debt committed the crime of looting in order to get what he was going to get. Accordingly, he chose to punish the perpetrator who committed the crime of looting, even if he was to receive it, by considering that there was a claim arising from the legal relationship, only for the acts of threatening or deliberately injuring the perpetrator.

It is also important to note that in order to apply this qualification, there must be a debt relationship between the perpetrator and the victim, which is actually caused by a legal relationship. In addition, for example, if the person who cannot obtain his / her gambling debt commits the crime of looting against the debtor, the application of this qualified state will not be possible.

Another exception is the scarcity of property value.

According to Turkish Penal Code ( TCK ) article 150/2; “due to the scarcity of value of the goods that constitute the subject of the crime of looting, the penalty to be given can be reduced from one third to half.”

State of active remorse in the crime of extortion ( looting )

• Effective remorse is very important in determining the punishment. TCK m, which is a common provision for effective remorse. According to the first paragraph of 168; ” theft, damage to property, abuse of trust, fraud, fraudulent bankruptcy, taxidermy bankruptcy (…) (1) after the completion of the crimes and before the prosecution for this reason, if the perpetrator, incensed or assisted person shows remorse and completely removes the damages suffered by the victim by giving the same back or compensation, the penalty shall be reduced to two-thirds. ” The effective remorse contained in the regulation in the first paragraph is for the effective remorse shown before the prosecution begins.
• TCK m. 168/2 regulates the consequences of remorse shown in advance after the prosecution has begun but not yet been ruled out. According to this provision, “if effective remorse is shown after the start of the prosecution, but before the sentencing, the penalty shall be reduced to half.”Once the prosecution has started, the perpetrator who shows remorse without any outside influence will be able to benefit from effective remorse provisions if the victim has recovered his / her damages as in the first paragraph. However, the discount to be made in case of remorse shown after the prosecution begins will be less than before the prosecution begins.
• TCK m, a separate clause relating to the crime of looting ( extortion). According to 168/3; “ the penalty to be given to the person who has shown effective remorse for the crime of looting shall be reduced to half in the cases entering the first paragraph and one third in the cases entering the second paragraph. ”Then the perpetrator of the crime of looting showing remorse before the start of the prosecution shall be reduced to half, and the perpetrator who shows remorse after the start of the prosecution shall be reduced to one third.

In other words, damages before and after a lawsuit is filed will play an important role in determining the penalty.

Punishment For The Crime Of Looting ( Extortion )

The perpetrator who committed the crime of looting ( extortion ) is T.C.K ‘ is punishable by imprisonment from 6 to 10 years according to Article 148.

If the perpetrator of the crime of property looting ( extortion) is T.C.Under Article 149/1, K is punishable by imprisonment from 10 years to 15 years.