Abstract:

Dissimilar to 765 numbered Turkish Penal Code, 5237 numbered Turkish Penal Code has changed the type of crime. Because of this different crime type, argument of, whether owner can be a perpetrator or not, has arised. In the scope of this study, it has put forth that, moveable property is the only material subject of theft crime and its legal subject is possession. Terms of property, moveable property, properties belonging to others have been evaluated in terms of element of act. Signifi cance of consent and its effect on crime have been discussed in terms of contradiction to law element. The meaning of special intent under the element of culpability has been specifi ed. Peculiar to this type of crime, terms of theft of things of slight value, usage theft, case of necessity and cases requiring mitigated penalty have been discussed critically depending on collective or partial ownership cases. In addition, its basic differences with similar types of crimes like breach of confi dence, extortion and fraud are tried to be introduced.

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