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With the Turkish Penal Code No. 5237, taking advantage of the death of a person is regulated as a qualified form of theft crime for the first time. However, the code sets no limitation in terms of the person, who caused the death. The lack of an enlightening explanation in the justification of the Turkish Penal Code No. 5237 has led to the formation of different opinions regarding the determination of the differences or relationships between the qualified theft and other various crimes, particularly robbery. In our study, the discrete cases caused by the applications of the regulations made by the criminal law institutions in terms of taking advantage of the death of a person in theft crime will be determined. Also, a position will be taken on the disputed issues in the doctrine, and the appropriateness of the qualified theft state will be evaluated.
The Turkish Criminal Code No. 5237, taking advantage of the death of a person is regulated as a qualified form of theft crime for the first time. However, the code sets no limitation in terms of the person, who caused the death. The lack of an enlightening explanation in the justification of the Turkish Criminal Code No. 5237 has led to the formation of different opinions regarding the determination of the differences or relations between the qualified theft and other various crimes,
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