Property Damage Offence in Turkish Criminal Law

Under Article 151/1 of the Penal Code, a person who partially or entirely demolishes, destroys, ruins, damages, renders unusable, or contaminates movable or immovable property belonging to another is held liable for this offence. A basic requirement is that the property belongs to someone other than the perpetrator.

The law also holds liable, under the same provision, a person who without justified reason kills, disables, or diminishes the value of an owned animal, since owned animals are also protected as an element of property.

The basic form of the offence carries imprisonment from four months to three years, or a judicial fine. Imprisonment and the judicial fine are structured as alternative penalties, and which one applies is assessed by the court based on the scope of the damage and the manner in which the act was committed.

The nature and extent of the victim's loss is among the factors considered in determining the specific penalty. In addition, under Article 168 of the Penal Code, where the perpetrator remedies the victim's loss by restitution or compensation, the penalty is reduced by up to two thirds at the investigation stage and by up to one half at the trial stage before judgment; partial remedy requires the victim's consent. Under Article 167, no penalty is imposed where the offence is committed against close relatives such as a spouse, ascendants, descendants, or siblings living in the same household; where it is committed against siblings living separately or other relatives living in the same household, the offence becomes subject to a complaint and the penalty is reduced by half.

Article 152 provides for a heavier penalty where the act is committed against certain types of property or under certain circumstances. For example, where the damage is caused to property belonging to public institutions or dedicated to public service, to items or facilities set aside for protection against a general disaster (such as fire, flood, or earthquake), to property belonging to employer or employee organisations during a strike or lockout, or to property belonging to political parties or professional organisations, this aggravated form carries imprisonment from one to four years.

Where the act is committed by burning, using a flammable or explosive substance, or in a manner causing a flood or landslide, the penalty otherwise applicable may be increased up to double. The aggravated forms are not subject to a victim's complaint and are investigated ex officio.

The basic form of the offence is investigated upon the victim's complaint. The victim must exercise this right within six months of learning of the act and the perpetrator's identity; this is a preclusive period. By contrast, the aggravated forms listed under Article 152 are investigated ex officio, without requiring a complaint.

The basic form of the offence falls within the scope of offences subject to mediation under the Code of Criminal Procedure, meaning the mediation procedure is generally applied first at the investigation stage. Mediation generally does not apply to the aggravated forms.

Proof in cases involving this offence relies on scene inspection, security camera footage, witness statements, damage assessment reports, and any available expert reports. Establishing the extent of the damage and the perpetrator's identity matters for the proceedings to move forward soundly. Working with an İzmir criminal lawyer can be useful in this regard.

Is accidental damage also an offence? No. The offence of causing damage to property can only be committed intentionally; damage caused negligently (through carelessness or lack of due care) is not a criminal offence, although the injured party retains the right to claim compensation under the tort provisions of the Code of Obligations. Carelessly hitting a parked car, for example, is a matter of compensation, not a crime.

Can compensation be claimed separately once a criminal case is opened? Yes. The criminal court does not award compensation; the victim claims their loss through a compensation lawsuit in the civil courts. During the reconciliation stage, remedying the loss may form part of the settlement, and if reconciliation is reached no criminal case is opened.

Where is a complaint filed in İzmir? The complaint is filed with the İzmir Chief Public Prosecutor's Office at the İzmir Courthouse in Bayraklı or with the police; for districts within the Karşıyaka judicial district, the Karşıyaka Chief Public Prosecutor's Office is competent. Cases are heard by the criminal courts of first instance. Our office in Konak provides support in criminal law matters across İzmir; anyone seeking information may reach out through the contact page.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy