Robbery is the taking of another’s movable property into one’s own possession through force or threat. Governed by Articles 148 to 150 of the Turkish Penal Code, it is a compound offence protecting personal liberty, bodily integrity, possession and ownership.
Robbery — in other words theft by force — is the offence committed where a person takes movable property belonging to another into their own possession through the use of force or threat. The legal interests protected are personal liberty, possession and the right of ownership.
Robbery consists of a purpose and the means used to achieve it. The purpose is the taking of the property; the means must be force or threat. Governed by Articles 148 to 150 of the Turkish Penal Code, it is an unlawful act directed at the victim’s assets.
The offence arises where the perpetrator, intending to benefit from a movable item, uses force or threat to compel the possessor to hand it over. The subject matter of the offence is therefore any movable property. According to the case law of the Court of Cassation, immovable property cannot be the subject of robbery.
Because robbery involves taking movable property in another’s possession, without the possessor’s consent and with intent to benefit, through force or threat, it has also been described as theft by force, or as obtaining an unjust benefit through means of compulsion used against a person. Theft and robbery share the same core elements; the single point on which they differ — the additional element robbery has over theft — is the use of force or threat in order to take the property.
The conduct common to theft and robbery is the taking of property belonging to another. Robbery is a compound offence formed by adding the use of force or threat, at the time of the taking, to that common element.
For the offence to arise it is not essential that the property be taken with intent to appropriate it permanently; the elements are made out even where the perpetrator acts with intent to benefit from or use the property temporarily. The mental element is intent: robbery cannot be committed negligently.
A person who commits the offence in the form set out in Article 148 is sentenced to imprisonment from six to ten years.
Under Article 148, a person who compels another to hand over property, or not to resist its being taken, by using force or by threatening an attack on the life, bodily integrity or sexual inviolability of that person or their relatives, or threatening substantial damage to their assets, is punished with imprisonment from six to ten years. The same penalty applies where force or threat is used to compel the victim to give a document creating an obligation for themselves or another, or a document recording that an existing instrument has been discharged; not to resist such a document being taken; to sign a paper capable of being turned into such a document; or to destroy an existing instrument or not to resist its destruction. Rendering the victim, by any means, incapable of awareness or self-defence is also treated as force for the purposes of robbery.
The aggravated forms are set out in Article 149. Where the offence is committed:
the perpetrator is sentenced to imprisonment from ten to fifteen years.
Article 150 sets out the circumstances requiring a reduction. Where the value of the property is low, the sentence may be reduced by between one third and one half. A further ground arises where the offence is committed in order to collect a debt grounded in a legal relationship: in that case only the provisions on threat or intentional injury apply.
Commission by more than one person acting together is treated as an aggravated form, because it increases the intimidating effect on the victim and makes self-defence harder, so that the offence is more easily committed. “More than one” means two or more persons. For this aggravated form to apply, the persons must jointly carry out the conduct described in the statutory definition within the meaning of Article 37 of the Penal Code.
What matters is not the coercive effect that commission by several people has on the victim, but that the perpetrators carried out the act within a shared intent to participate, drawing courage from one another.
Participation requires that the acts of execution be carried out jointly, and that joint control be established over the commission of the unlawful conduct. Control cannot be established through preparatory acts alone. Where a contribution does not correspond to the typical conduct of the offence and amounts only to preparation, the person is characterised as an aider rather than a co-perpetrator.
For material assistance to be established, the assistance must be given before the offence is completed; the conduct must be intentional; the intent must relate to the offence; the offence must be one committed intentionally; and the offence must be completed or have reached the stage of attempt.
Joint commission requires several acts carried out by several persons, a causal connection between those acts, an intent to participate in the offence, and that the participants have begun executing the same offence. Where there is no shared intent to commit the offence together, there is no participation.
A prison sentence imposed for robbery cannot be converted into a judicial fine. Neither suspension nor deferral of the announcement of the verdict is available for this offence.
The limitation period for robbery and its aggravated forms is fifteen years from commission. The investigation or prosecution must be commenced within that period. Neither the offence nor its aggravated forms depend on a complaint; they are pursued of the prosecutor’s own motion. Robbery is not among the offences listed in Article 253/1 of the Code of Criminal Procedure and is therefore not subject to mediation.
Proceedings are conducted before the Assize Court (Ağır Ceza Mahkemesi). Where the perpetrator is a child, the Juvenile Assize Court has jurisdiction.
Robbery is among the offences to which the provisions on effective remorse may apply. Where the perpetrator makes good, in whole or in part, the loss suffered by the victim, or discloses to the competent authorities the identities of those with whom the offence was committed, they may benefit from those provisions and receive a reduced sentence. Where effective remorse is shown before prosecution begins and the victim’s loss is returned in kind or fully compensated, the sentence may be reduced by up to one half; where it is shown after prosecution has begun but before judgment, the reduction may be up to one third.
Frequently Asked Questions
Robbery is compelling a person, through force or threat, to hand over property or not to resist its being taken. It is governed by Article 148 of the Turkish Penal Code, and differs from theft in that the act is carried out using force or threat. The basic penalty is imprisonment from six to ten years.
In theft the property is taken covertly, without the owner’s consent. In robbery the perpetrator uses force or threat against the victim. Robbery is therefore a compound offence directed both at assets and at personal liberty, and carries a considerably heavier penalty.
No. Robbery is not dependent on a complaint; the prosecutor opens an investigation on becoming aware of the offence. Withdrawal of a complaint does not end the prosecution. The limitation period is fifteen years and the Assize Court has jurisdiction.
The information on this page is general in nature and does not constitute legal advice. Please contact our office for an assessment of your specific matter.
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