Criminal law · Legal information

Where Are Force and Threat Looked For in a Robbery Allegation?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A robbery allegation is the claim that force or threat was added to the act of taking. The tie looked for in the file is this: was the force or the threat written in order to secure the handing over of the property, or the not resisting of the taking of the property. The tie is read from the order of time in the minute. If there is no order, do not assume a tie.

Was the force tied to the act of taking

Force is the allegation in the file that force was used against a person. In a robbery allegation, this force is written as the act that secured the taking of the property. If the force was written into another debate, it does not stand under the same heading as the taking sentence. If the minute speaks of a push and does not write when the property changed hands, a tie is not treated as built.

The tie is read from the two sentences coming side by side. Your guess does not take the place of the minute. The manner in which the force was applied is not looked for. What is read is whether the allegation of force was tied to the property sentence. If there is no force sentence, do not add force. If there is no property sentence, do not count an item left on the ground as force.

If more than one person was written as a suspect, the allegation of force is read as to the person the paper tied it to. Standing beside them does not write the force onto you. If the paper does not say to whom it tied the force, do not build that tie yourself. If separate sentences were written for two persons, the two sentences stand apart. One is not the short name of the other.

The subject of the threat line

The threat line is a notice of an attack written in order to secure the handing over of the property, or the not resisting of its taking. The subject of the notice is an attack directed at the life, the body, or the sexual inviolability of the person or of their relative. A word directed at property does not stick onto this line by itself. If that word stands in the file as a separate allegation, it is read from its own paper. If there is no separate allegation, do not add the word to this line.

The sentence written in the file is read. A word that is not in the file is not added. Do not build a sample sentence and liken it to the paper. If a witness writes that they did not hear the word, the sentence in the complaint stays on its own. Do not treat the sentence that stays on its own as absent. The two accounts stand side by side. A relative's name does not, by itself, build that the word was directed at that relative. If the relative is not on the paper, do not add a name.

The long account in the complaint and the short sentence that passed onto the minute may not be the same text. If the short sentence is on the allegation paper, that sentence is read first. An extra word in the account is not included in the threat line by itself. If there are quotation marks, the quotation is read. If there are no quotation marks, do not complete the word from memory.

The order in the minute

The order is the place in the minute of the moment the property changed hands, and of the moment the force or the threat was written. An account of a fight first, and then of the property staying on the ground, can be read apart from the allegation that the property was taken by force. A notice asking for delivery first, and then an account of the property being taken, can be an order that builds the tie. These two orders do not give birth to the same result. Which one was written, and which one is interpretation, is separated. Interpretation does not take the place of the minute.

If an hour was not written, the order is read from the words before and after. If the word is also missing, do not invent an order. If the camera's hour and the order in the minute conflict, both stand. A single order is not built by erasing one. A witness saying "they took it afterwards" does not fill the order line if before and after are not in the minute. The general state of the door of the complaint is in the writing on I was complained of.

The name of the property is beside the order as well. If the kind of the item was not written, do not complete the kind. If the list and the complaint conflict, both stay. Property that is not on the list is not added to the minute from the threat sentence. The force line does not choose the kind of the property by itself.

An injury sentence does not build the tie

An account of injury can be a line written as the result of the force. The result does not show whether the force was written for the property, or for a separate event. The separation is read from the minute placing the property sentence and the injury sentence side by side. A separate event is not added to the robbery sentence by itself. A finding in a forensic report does not take the place of the tie sentence. The report carries a finding. The tie is the sentence the allegation paper wrote separately.

If the date of the report and the moment the property changed hands differ, both stand. A single moment is not built by erasing one. If there is no finding, do not complete it as if the tie existed. If there is a finding, a tie is not treated as built either. In your statement, do not put the word of the report in place of the force line.

An allegation that the property was taken without consent is another characterisation while there is no force or threat line. The reading of that characterisation is in the writing on a theft charge. A single question stands here: was force or threat written beside the act of taking, and if it was written, was it tied to the moment of taking. Do not rebuild the possession line on this page.

An allegation that deceit caused the property to be handed over is in the writing on the offence of fraud. A robbery allegation is not built by narrating deceit. If there is no deceit line, do not add deceit. If the two names are on the same paper, the two lines are read apart. Do not join the two names in a single answer. Before speaking because a fight broke out, see which act the force and the threat were written to.

A statement is not opened before the tie sentence is seen

The limit of the statement is in the writing on before giving a statement. In the investigation your capacity is suspect. After the indictment is accepted, the capacity of accused does not erase the tie sentence. If the tie has changed on a new paper, the changed sentence is not accepted in the old statement. The minute is read before the signature. An order that did not pass onto the minute is not treated as existing with the signature.

Your silence does not mean you accepted the force. Do not fit a push you do not remember onto the other side's order. A measure decision does not mean the allegation is established. The measure is in the writing on judicial control. Do not add the list of obligations to the tie sentence. If a second statement is asked for on the same day, first read the words before and after in the first minute again. If a tie that is not in the first minute has appeared in the second minute, that tie was not said in the old statement.

Separate three things on the paper. Is there a force or threat sentence. Was the moment the property changed hands written. Were these two tied to each other. If one of the three is missing, do not build the tie yourself. An item left on the ground is not the tie sentence. A finding of injury is not the tie sentence either. If the finding and the property sentence do not stand side by side, do not narrate them as if they stood side by side.

If the subject of the threat sentence was not written on the paper as life, body, or sexual inviolability, do not complete the subject yourself. A word directed at property does not enter this subject by itself. If the word is a summary without quotation marks, do not put the summary in place of the text of the notice. If the relative's name is blank, do not choose the relative from the complaint. If there is more than one suspect, the force is read as to the person the paper wrote. If your name appears on the summons and the force sentence carries another name, do not join the two lines.

At the time of the signature, do not correct the order with your own sentence. If the minute says "before", do not change it into "after". A change stands only if it is passed onto the minute. A correction that was not passed on is treated as not having happened with the signature. If the file number differs on the summons and on the minute, do not add the property list under the second number to this tie. Defence counsel shows which line you answered by separating the name theft from the name robbery.

If more than one item of property was written, each item's tie sentence can stand apart. A single force allegation is not built by joining the items. If a threat was written for one item and not written for the other, do not carry the threat onto the second item. If a finding of injury belongs to one moment, do not count that finding as the tie of another moment. If the force sentence was written for one person, it does not pass by itself to the person beside them. In your statement, separate the items and the persons. Let which tie you answered appear in the minute. A separation that does not appear is not treated as made with the signature. An item left on the ground does not turn the lines you did not separate into a single robbery sentence.

Conclusion

A robbery allegation is the claim that force or threat was tied to the act of taking. The subject of the threat line is a notice of an attack directed at the life, the body, or the sexual inviolability of the person or of their relative. The tie is read from the order in the minute. Taking without consent, and deceit, are separate papers. The frame is on the criminal law page. Contact stands for the papers. The basis is the provisions of the Turkish Criminal Code No. 5237 and the Criminal Procedure Code No. 5271.

Legislation

Frequently asked questions

If the property stayed on the ground after a fight, is a robbery allegation built by itself?

The property staying on the ground can be an account of the change of hands. A robbery allegation asks, beside this account, for a sentence in which force or threat was tied to the act of taking. If the tie was not written, staying on the ground does not build the tie. Read the order from the words before and after in the minute. If the word is missing, do not add an order.

If the threat sentence is only in the complaint, do I treat the minute as absent?

The word in the complaint is a claim that stands in the file. If the minute does not carry that word, the word stays on its own. Do not treat the word that stays on its own as absent. Read the two papers side by side. Do not add to the complaint a sentence that is not written in the file.

Does giving the property back erase the force line?

Giving it back is a fact belonging to the later state of the property. The force line is the allegation of force tied to the moment of taking. A later fact does not erase the earlier line. Withdrawal or settlement asks for a separate paper. If that paper is missing, giving it back does not cross out the force sentence.

If both theft and robbery were written, which line do I read in this writing?

In this writing, look at whether force or threat was tied to the act of taking. The own reading of the possession and consent line is in the writing on the theft charge. Which act name stands in the indictment is read from the act line. Do not join the two names in a single answer.

Is an account of injury the same sentence as the force line?

Injury can be a line written as the result of force. The result does not show whether the force was written in order to have the property taken, or for a separate event. Read the separation from the minute placing the property sentence and the injury sentence side by side. A separate event is not added to the robbery sentence by itself.

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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