Criminal law · Legal information

I Have Faced a Theft Accusation. What Should I Do?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A theft accusation is a charge that a movable in someone else's possession was taken without his consent. In the file, it is read first who had the property at that moment, whether the claim of consent was written, and what the thing that was taken is in the minutes. The aim of obtaining a benefit is on a separate line. If the aim line is empty, do not add an aim.

To whom possession was written

Possession is the name in the file of who had the property at the moment of taking. The complaint petition writes the property to the complainant. If the seizure minutes show the same property in another place, the two papers conflict. The conflict does not close with a single sentence. Who the ownership is with, and who the property stood with at that moment, are not the same line. A debate about ownership does not on its own bring down the charge of taking without consent.

If there is more than one person in the same place, the minutes write separately from which person the property was taken. Being there does not paste the possession onto you. If the minutes do not write the person by name, do not add a name. If your name stands at the place of seizure, and someone else's name stands on the possession line, the two names are read separately. Do not put one in the place of the other.

The complainant says "it was mine", and the minutes show the property with a third person. In this case the possession line stays apart from the claim of ownership. If the third person's name is not on the paper, do not invent a name. If it is there, that name stands side by side with the complainant's name. In your statement, do not produce a possessor who is not in the minutes.

Consent is the claim of whether the giving of the property was wanted. If the complainant writes that he had no knowledge, taking without consent is read from this sentence. If you have a claim of a loan, of a deposit, or of use together, this claim is put on the consent line. A deposit does not mean the property was never taken. The asking back of property that was given may also stand on the paper under another name. The shift is read from the sentence in the file. If the paper does not write the shift, do not change the name yourself.

A claim that consent was granted later does not stand in for the consent line at the moment of taking. A gift, or a giving up, stands in its own paper. If there is no paper, do not assume a gift. If there is correspondence or a delivery note, that paper stands beside the claim of consent. If there is no note, do not invent a note. Your word does not erase the sentence of taking in the minutes. The two accounts are read side by side. The general order of the door of a complaint is in the article I was complained of.

The name of the property and the moment of taking

The thing that was taken stands in the minutes with its kind and a distinguishing mark. If it was called "goods" and what it was is not written, the charge is read as incomplete. Do not complete the missing kind yourself. If there is a list or a photograph, the list is put side by side with the list in the complaint. Property that is not on the list is not added to the minutes from the complaint sentence. A mark that appears in the photograph, if it was not written in the minutes, is not added to the mark line.

The moment is the line on which the act of taking was written as a day or an hour. If the camera's hour and the hour in the minutes conflict, both stand. A single hour is not built by erasing one. A witness saying "that day" does not of itself change the date in the minutes. If there is no hour at all, do not invent an hour. If the day is empty, do not produce the day from the camera. A camera shows a moment. That moment does not stand in for the possession line. Appearing is not a sentence of conviction.

The aim of a benefit

The aim of obtaining a benefit is the separate writing that a benefit was obtained by the taking of the property. If the aim line is empty, do not add an aim. The sentence "he took it" does not of itself build the aim. If to whom the aim was written is not in the file, do not choose that person yourself. If there is more than one suspect, the aim is read as to the person the paper tied it to. Standing beside him does not write the aim to you.

The aim line and the consent line do not complete each other. An aim is not treated as present because there is no consent. Consent is not treated as absent because an aim was written. The two lines stand side by side. In your statement, do not fill the aim with a sentence you do not remember. Defence counsel separates whether the aim sentence stands on the paper from the sentence of taking.

The quality beside it, and neighbouring charges

The indictment may have written an added quality beside the act of taking. That line is read apart from the bare charge of taking. If the quality line is empty, do not add an aggravation that is not written in the file. The manner in which the quality came about is not sought. The quality sentence does not change the name of the property. If the two lines conflict, both stand.

If there is a sentence of force or of threat in the same event, that reading is in the article a robbery charge. Causing delivery by deceit is in the article fraud. A charge that a document was drawn up falsely is in the article a false-document accusation. These three names are not the short name of the theft line. If they are not on the paper, do not add them. If they are, each is read from its own line. Do not join the three names in a single answer.

A protective measure is a separate paper. The measure does not mean the charge is established. The name of the measure is in the article judicial control. Do not add the list of obligations to the sentence of taking. A word in the measure decision does not change the kind of the property.

A statement is not given before these four lines are seen

If you recount the event before seeing the charge, you will have filled the possession and consent lines with your own sentence. The capacity is written on the summons paper. In the investigation you are a suspect; after the indictment is accepted you are the accused. Do not give a wide statement before the capacity is seen. The limit of the statement is in the article before giving a statement. The minutes are read before the signature. Property or an hour that is not in the minutes is not treated as added to the minutes by the statement.

Your silence does not mean you took the property. Do not fit a moment you do not remember to the camera's hour. If a second statement is asked on the same day, first read again the list of property in the first minutes. If goods that were not on the first list have appeared in the second minutes, those goods were not counted in the old statement. Defence counsel puts the two lists side by side. Do not sign before separating which list you answered.

Four lines should stand side by side on the paper: possession, consent, the name of the property, and the moment of taking. The aim of a benefit is the fifth line. If one of the five is empty, do not fill the gap with the others. The property having been found on you does not show the consent at the moment of taking. The place of being found is in the seizure minutes. The moment of taking is in the charge sentence. The two places are not the same sentence. Do not paste the place of seizure in the place of the moment of taking.

If the complainant and the person written as possessor are different, keep both names. Do not build a single owner by erasing one. If a document of ownership is not mentioned on the paper, do not treat a document as existing. If it is mentioned, the document stands beside the consent line. The document does not of itself bring down the sentence of taking. If there is a slip of giving back, the slip is a later fact. The slip does not stand in for the consent line at the moment of taking. The paper of giving up is separate. If there is no paper, do not write the giving back as a giving up.

If the file number on the summons and the number of the seizure minutes are separate, do not add the goods on the second list to this charge. At the time of signing, say which list you answered. The moment you appear on camera does not carry onto the minutes a piece of property that is not on the list. Do not put the image in the place of the possession line. Defence counsel leaves the two records side by side without erasing the conflict of hours.

If more than one item of property is written, the possessor, the consent, and the moment of each item may stand separately. A single sentence of taking is not built by joining the items. If there is a consent note on one item and not on the other, do not carry the note to the second item. If the aim of a benefit was written on only one line, do not spread that aim over the whole list. If the quality sentence was tied to one item, the other item is not treated as qualified. In your statement, separate the items. Let which goods you answered appear in the minutes. A separation that does not appear is not treated as made by the signature. The place of seizure does not turn the items you did not separate into a single possession. If a witness says "it was in the bag", this word does not cover a kind that is not written in the minutes. The witness sentence and the list of property stay side by side. Do not add a kind that is not on the list yourself either. An addition stands only if it is entered in the minutes. If the mark in the photograph is not in the minutes, do not add the mark to the kind. A mark stands only if it is entered in the minutes.

Conclusion

A theft charge is read from possession, consent, the name of the property, and the moment of taking. The aim of a benefit is a separate line. Force, deceit, and a false document are other papers. If there is no quality line, it is not added. The frame is on the criminal law page. The contact page stands for reading the papers together. The basis is the provisions of the Turkish Penal Code No. 5237 and the Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

If the property was found on me, is the theft charge treated as closed?

Being found is a line about who had the property at that moment. The charge is the sentence of from whose possession the property was taken earlier, and whether it was taken without consent. The two may stand side by side on the same paper. The line of being found does not on its own show the consent at the moment of taking. If the consent line is empty, being found does not close the charge.

If I give the property back, does the accusation fall?

Giving it back is a fact that can be written in the file. The fact does not change from which line the charge was built. Giving up the complaint is a separate paper. If there is no paper of giving up, do not treat the giving back as a giving up. If there is a return document, the document stands beside the sentence of taking.

If I say the complainant had given me the property, which line is read?

This sentence is written on the consent line. If there is correspondence or a delivery note that shows it was given, that paper stands beside the claim of consent. The word may also be said while there is no paper. The word you said does not erase the sentence of taking in the minutes. The two accounts are read side by side.

If I appear on camera, is the charge established?

A camera is the image of a moment. The image does not stand in for the lines of possession and of consent. A record whose hour conflicts with the minutes stands as a conflict. Do not build a single hour by erasing the conflict. Appearing is not a sentence of conviction.

If robbery is also written in the same petition, what do I read in this article?

In this article, possession, consent, the name of the property, and the moment of taking are read. If there is a sentence of force or of threat, that sentence is on the paper of the robbery charge. Do not join the two headings in a single answer. Which heading stands in the indictment is looked at from the line of the act.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Criminal law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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