The Crime of Property Damage in Turkish Law
1. Introduction
The crime of property damage constitutes a direct attack on individuals’ property rights and threatens social order and economic stability. The crime of property damage, which also holds a significant place in the Turkish Penal Code, aims to protect individuals’ property values.
This article will examine the legal framework, elements, and aggravated forms of the crime of property damage. In addition, the place of this crime in the Turkish Penal Code, its criminal sanctions, its relationship with other crimes, whether it is subject to complaint, and whether it can be committed by negligence will be discussed.
2. Definition and Elements of the Crime of Property Damage
The crime of property damage is, in its most general definition, the act of partially or completely destroying, damaging, rendering unusable, or polluting movable or immovable property belonging to another person.
The essential elements of this crime are:
a) Material Element
The material element of the crime is the act of causing damage to property. This act must be carried out with active movement. For example, breaking a car window, writing on a house wall, or infecting a computer with a virus are considered acts within this scope.
b) Moral Element
The crime of property damage can only be committed with intent. The perpetrator must have the intent to damage the property and foresee the result. It can also be committed with eventual intent, meaning the perpetrator disregards whether damage will result.
The crime of property damage cannot be committed by negligence, as it involves the intention to cause damage. In crimes committed by negligence, the result is not actually desired.
In one of its rulings, the Supreme Court stated that negligence is not possible in the crime of property damage:
“(…) the defendants’ intent was to injure the plaintiff, and there was no evidence that they acted with the intent to damage the phone, nor could they foresee the damage to the phone; therefore, the act remained at the level of negligence, and since the crime of property damage cannot be committed by negligence, the conviction instead of acquittal of the defendants for the crime of property damage, which did not meet the legal elements, was found unlawful (…)”
SECOND CRIMINAL CHAMBER, Case No: 2022/15491, Decision No: 2023/1402, Date: 21.03.2023
In another decision, the Supreme Court emphasized that the crime of property damage must be committed intentionally, and if not, no penalty should be imposed. It upheld a court ruling stating that for a penalty to be imposed for the crime of property damage, the act must be intentional:
“(…) In the incident where the tree belonging to the complainant was uprooted by the defendant due to its position under the power lines during the renewal of electric poles by TEDAŞ officials, the court found that the defendant lacked the intent to commit the crime of property damage. The defendant’s purpose was to assist in the renewal of the electric poles, and since the tree was uprooted to prevent harm to people, the court’s conclusion that the element of intent in the crime of property damage was absent was not found to be erroneous (…)”
FIFTEENTH CRIMINAL CHAMBER, Case No: 2013/14438, Decision No: 2013/14553, Date: 01.10.2013
3. The Crime of Property Damage in the Turkish Penal Code
In the Turkish Penal Code, the crime of property damage is regulated in the Tenth Section, titled “Crimes Against Property,” under Article 151. This article covers the basic form and aggravated forms of the crime.
According to TPC Article 151/1: “A person who partially or completely destroys, damages, renders unusable, or pollutes another person’s movable or immovable property shall be punished, upon the complaint of the victim, with imprisonment from 4 months to 3 years or a judicial fine.”
The key points related to this provision are:
a) Optional Penalty
The legislator has introduced an optional penalty to provide flexibility to the judge in determining the sentence. The judge may impose either imprisonment or a judicial fine depending on the specifics of the case.
b) Amount of Damage Required for the Crime
The law does not specify a particular amount of damage required for the crime to occur. Therefore, the crime can occur regardless of the extent of the damage. However, the amount of damage is considered when determining the penalty.
c) Protection of Property Rights
Through this regulation, the legislator aims to protect the right to property guaranteed by Article 35 of the Constitution.
4. Aggravated Forms of the Crime of Property Damage
Article 152 of the Turkish Penal Code regulates the aggravated forms of the crime of property damage. These forms include situations that warrant heavier penalties.
a) Aggravated Forms (TPC m.152/1)
- If the crime is committed against property belonging to public institutions or allocated for public service or public use.
- If the crime is committed against property or facilities allocated for protection from fire, floods, or other natural disasters.
- If the crime is committed against any standing trees, saplings, or vines, except for state forests.
- If the crime is committed against irrigation facilities, water supply systems, or structures designed for protection against disasters.
- If the crime is committed against property owned or used by employers or employees, or by labor unions during a strike or lockout.
- If the crime is committed against property owned or used by political parties, professional organizations with public institution status, or their upper-level organizations.
- If the crime is committed for the purpose of taking revenge on a public official due to their official duties, even after the official has left their position.
b) Aggravating Factors (TPC m.152/2)
- If the crime is committed by setting fire or using explosive or flammable substances,
- If the crime is committed by causing landslides, avalanches, floods, or similar disasters,
- If the crime is committed by exposing the property to radiation or using nuclear, biological, or chemical weapons,
- If the crime is committed against places of worship or cemeteries,
c) Increase in Penalties
In aggravated cases, penalties are increased, and the crime is investigated ex officio. For instance, in cases under TPC m.152/1, the penalty ranges from 1 to 4 years of imprisonment, and in cases under TPC m.152/2, the penalty is doubled.
In cases where the damage disrupts communication, energy, or transportation services, the penalty may be increased by half or up to two times.
These aggravated forms ensure heavier penalties by considering the impact of the crime on society, the motivation of the perpetrator, and the dangerous methods used.
5. Criminal Sanctions and Legal Consequences
The criminal sanctions and legal consequences of the crime of property damage can be summarized as follows:
a) Criminal Sanctions
- Simple form (TPC m.151/1): Imprisonment from 4 months to 3 years or a judicial fine.
- Aggravated forms (TPC m.152/1): Imprisonment from 1 to 4 years.
- Aggravating factors (TPC m.152/2): The penalty is doubled.
b) Effective Remorse (TPC m.168)
- If the perpetrator, instigator, or accomplice compensates for the victim’s loss by restoring or indemnifying the damage, a penalty reduction may be applied.
- The rate of penalty reduction varies depending on when the damage is compensated (up to 2/3 before the investigation, up to 1/2 during the trial).
c) Compensation Liability
- The perpetrator is obliged to compensate the victim for the damage under the provisions of the Turkish Code of Obligations.
- The amount of compensation is usually calculated based on the value of the property at the time of the damage.
d) Mediation
- The simple form of the crime of property damage is subject to mediation.
- If the parties reach an agreement, no public prosecution will be initiated, or if a case has already been filed, it will be dismissed.
e) Statute of Limitations
- The statute of limitations for filing a lawsuit for the simple form of the crime is 8 years (TPC m.66).
- The statute of limitations for enforcing the penalty is 10 years (TPC m.68).
f) Criminal Record
- In case of a conviction for the crime of property damage, the judgment is recorded in thecriminal record.
- This record can be deleted after a certain period of time (Criminal Record Law m.12).
g) Other Legal Consequences
- Disciplinary sanctions or dismissal may be applied for public officials.
- It may be a barrier to entering certain professions or obtaining licenses.
6. Relationship Between the Crime of Property Damage and Other Crimes
The crime of property damage may be related to or confused with other crimes in various situations. This section will examine these relationships and distinguishing features:
a) Relationship with Theft
In theft, the purpose is to steal the property, while in property damage, the purpose is to cause damage. Sometimes, property damage may occur during theft (e.g., breaking a window to enter a house). In such cases, the rules of ideal concurrence apply, and the penalty is imposed for the crime that requires a heavier penalty.
b) Relationship with Robbery
In robbery, force or threats are used to take property, and property damage may occur. In such cases, it is considered within the scope of robbery, and no additional penalty is imposed for property damage.
c) Relationship with Breach of Trust
In breach of trust, the perpetrator uses or damages the property entrusted to them for a different purpose. In property damage, the perpetrator causes damage to property in the possession of another.
d) Relationship with Damage to Public Property
Damage to public property, regulated under TPC m.152/1-a, is one of the aggravated forms of property damage. When property belonging to public institutions is damaged, TPC imposes a heavier penalty. Damage to public property is investigated ex officio.
e) Relationship with Environmental Pollution
The crime of environmental pollution (TPC m.181) generally involves causing harm to the environment. Property damage, on the other hand, involves acts against specific property. In some cases, an act may constitute both property damage and environmental pollution.
f) Relationship with Arson
Arson (TPC m.170) is classified as a crime endangering public safety. If property damage is committed by setting fire, the crime of arson may also occur.
g) Relationship with Damage to Information Systems
Acts of damaging information systems are specifically regulated under TPC m.244. In such cases, this special provision is applied.
How Is the Crime of Property Damage Proven?
The crime of property damage is typically proven through the victim’s complaint and the collection of evidence.
Evidence That Can Be Used in Proof:
- Eyewitness Testimonies: Statements from people who witnessed the event can provide important information about the identity of the perpetrator and what happened during the incident.
- Camera Recordings: Security camera footage from the scene or nearby can serve as strong evidence by clearly showing the act of committing the crime.
- Expert Reports: Expert reports, especially on technical matters related to the damage to the property, provide detailed information about how the damage occurred and what material damage was caused.
- Photographs and Videos: Photos and videos taken immediately after the event can provide visual evidence about the condition of the damaged property and the scene.
- Changes in the Condition of the Property: The difference between the previous and post-event condition of the damaged property provides information about the nature and extent of the damage.
- Instrument of the Crime: If a tool or object used in the commission of the crime is found, it can also be significant evidence.
In one of its rulings, the Supreme Court emphasized the importance of proof in the occurrence of the crime of property damage and overturned a decision that resulted in a conviction despite insufficient proof of the damage:
“(…) The main goal of criminal proceedings is to reach the truth. It is not appropriate to render a verdict based on assumptions. In the present case, there is no evidence that damage occurred on the municipal bus. In accordance with Article 223/2-e of the Criminal Procedure Code, the defendants should have been acquitted of the crime of property damage. The failure to do so and the issuance of a conviction instead necessitates the reversal of the decision (…)”
FIFTEENTH CRIMINAL CHAMBER, Case No: 2015/4277, Decision No: 2015/29631, Date: 07.10.2015
Is the Crime of Property Damage Subject to Complaint?
The crime of property damage is subject to complaint in its simple form. The victim can file a complaint by going to the police or prosecutor’s office. Upon the complaint, the prosecutor’s office will initiate an investigation and collect evidence. Based on the collected evidence, a case will be filed and evaluated in court.
In addition, if the aggravated forms of the crime of property damage are present, no complaint is required for an investigation to be initiated. For example, if damage is caused to property belonging to a public institution, an investigation will be initiated automatically.
An exception to the requirement for a complaint in the crime of property damage is that even if the crime is aggravated, a complaint is required if it is committed against a relative specified in TPC Article 167/2. For example, if a person damages their uncle’s car by setting it on fire, a complaint from the uncle is required to investigate the act.
Right and Time to File a Complaint
The prosecution of the crime of property damage is dependent on the victim filing a complaint within 6 months of learning of the crime and the perpetrator (TPC m.73/1). If the complaint is not filed within this time, the right to file a complaint expires, and no further action can be taken.
Withdrawing a Complaint
In the case of property damage, if the complaint is withdrawn, the case will be dismissed. However, if the complaint is withdrawn after a verdict is issued, it does not prevent the enforcement of the penalty.
If the crime is committed by multiple people and the complaint is withdrawn, all those involved in the crime will benefit from the withdrawal.
In one of its decisions, the Supreme Court overturned a court ruling that dismissed a case because of a withdrawn complaint, despite the crime being one of the aggravated forms that do not require a complaint:
“(…) It was alleged that the defendant set fire to the trunk of a parked vehicle belonging to the complainant. The crime in question constitutes the aggravated form of the crime of property damage under TPC Article 152/2-a, which is not subject to complaint. The dismissal of the case based on the complainant’s withdrawal of the complaint under Article 151/1 of the TPC necessitated the reversal of the decision (…)”
TWENTY-THIRD CRIMINAL CHAMBER, Case No: 2016/5410, Decision No: 2016/8036, Date: 21.06.2016
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The Crime of Property Damage in Turkish Law
