Damage to Property (TCK Article 151): Arguments for and Against

TCK Article 151 punishes "anyone who partially or completely demolishes, damages, destroys, ruins, renders unusable or pollutes someone else's movable or immovable property."

Penalties

• Art.151/1 (basic case): 4 months-3 years imprisonment or judicial fine.
• Art.151/2: Killing an animal or rendering it useless: same band.

Qualified Situations (Art.152)

• Against goods belonging to public institutions and organizations, allocated to public services or of public interest.
• By taking advantage of dangerous situations such as fire, flood, earthquakes, war or similar situations.
• In a way that may endanger people's life or health.
• Commission of the crime within the framework of the activities of the organization established for the purpose of committing crimes.
→ The penalty is increased to 1-4 years.

"Violence Against Property" Practices

• Breaking of objects in a domestic argument.
• Damage to vehicle or roof in neighborly dispute.
• Workplace destruction in business partnership dispute.
• Damage to third party property in a street fight.
• Killing of an animal (deliberately, with cruelty).

Complaint and Duration

• As a rule, it depends on the complaint (6 months).
• Article 152 qualified cases are prosecuted ex officio.

Destruction of Domestic Property

• The situation is controversial regarding items that are considered common property within the marriage union; However, a crime occurs in terms of personal belongings.
• Protection order within the framework of Law No. 6284.
• Request for pecuniary compensation in divorce case

Actions Towards Animals

The Animal Protection Law No. 5199 provides for administrative fines and imprisonment with special regulations for those who deliberately harm animals. It can be applied together with TCK article 151/2.

Supreme Court 4th CD — Established Approach

4. In the crime of damaging property, CD adopts the concrete presentation of the "quality and quantity of damage" and the evaluation of "rendering unusable" in the light of whether repair is possible and the function and value of the property.

Effective Regret (TCK Article 168)

• Complete compensation for the damage (repair, payment of the price).
• 2/3-1/2 in the investigation; 1/2-1/3 discount on prosecution.
• Pre-judgment: 1/4-1/2 discount.

Compromise

The crime of damaging property (Art. 151/1) is one of the crimes within the scope of reconciliation. If an agreement is reached between the defendant and the victim, the case is dismissed.

What the Victim Should Do