TCK Article 148 regulates the crime of "plunder": "A person who forces another person not to resist the delivery or receipt of a property by threatening or using force, betting that he or she will attack his or her relative's life, physical or sexual immunity, or cause great damage to their property" is punished by plunder.
Elements of Crime
- Force or threat: Suppression of the victim's will.
- Delivery of goods:Money, goods, valuable documents, etc.
- Intention: The perpetrator's desire to acquire the property unfairly.
Penalties
- Art.148/1 (basic case): 6-10 years imprisonment.
- Article 148/2: "Making you sign a promissory note or any other document creating rights" - is punished within the same range.
- Article 148/3: Making the victim unable to defend himself by any means.
Qualified Circumstances (m.149)
- With a gun.
- Together by more than one person
- By blocking roads or at residences, workplaces or their annexes.
- Against a person who cannot defend himself physically or mentally.
- By taking advantage of the frightening power created by the existing or assumed criminal organization.
- For the purpose of benefiting the criminal organization.
- In the night time. → The penalty is increased by half (10-15 year band).
Loot — Theft Limit
If threat/force is applied to the victim's property in a way that he/she cannot resist, plunder; Acquisitions without the element of force/threat or without the knowledge of the victim are considered theft (TCK art. 141-142).
"Street Looting" — Common Practice
- Article 148 for looting of mobile phones, bags and jewelry.
- Attack by more than one perpetrator art.149.
- Weapon (even knife, fake gun) art.149/1-a.
- Night hours m.149/1-g.
Supreme Court 6th CD — Established Approach
6. CD looks for "force or threat" to be at a level conducive to plunder; Mere scuffles or light words may not reach the threshold of "plunder"; On the other hand, the sight of a gun, persistent threat and crowded perpetrator situation make plunder certain.
Effective Regret (TCK Article 168)
Punishment if the defendant shows effective remorse and compensates the damage to the victim (returning the property or paying the price):
- During the investigation phase: It is reduced by 1/2-2/3.
- During the prosecution phase: It is reduced by 1/3-1/2.
- Before judgment: reduced by 1/4-1/2.
Practical Considerations
Plunder cases are punished with severe punishment; experienced criminal defense attorney is a must.