Abstract:

It is forbidden to use force against debtor’s assets and individuality in order to collect debt arising from contractual legal relations. Criminal punishment are envisaged for the same kind of actions. In this framework, in the system of Turkish Penal Code no:5237, instead of applying to courts or execution offices, usage of force against debtor’s individuality in order to ensure debt payments that are derived form legal obligations is construed as reason of leniency in criminal judicial system for crime of looting and requires lesser punishments. 150/1. paragraph of Turkish Penal Code states that in relation with looting, “If an individual uses force or threaten debtor in order to get debt payments arising from legal relation, only applicable articles to this situation will be that of crime of threat and crime of causing willfull bodily harm. A person who commit looting under this circumstances will be punished for crimes that are threat and causing bodily harm which require lesser punisment. In other words, if looting is commited in order to get contractual debt payments, culprit will be punished for the crimes of threat and causing bodily harm.In this study, crime of looting in order to get debt payments that is stated Turkish Penal Code article 150/1 is dealt with and problems that stem from legal practice will be tried to solve from the perspective of doctrin and Court of Cassation

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