Criminal Cases - Offence of Damage to Property and Its Penalties | Ataşehir
The offence of damage to property is one of the offences against property under Turkish criminal law and concerns intentional damage to movable or immovable property belonging to another person. Scratching another person's vehicle, breaking the windows of a workplace, rendering an object unusable or setting another person's property on fire may, depending on the circumstances, constitute damage to property.
Under Turkish Penal Code No. 5237, the basic form of the offence is regulated by Article 151, while aggravated forms are regulated by Article 152. Official Court of Cassation documents concerning the allocation of duties among criminal chambers likewise identify Article 151 as damage to property and Article 152 as aggravated forms of damage to property.
The mere fact that property has been damaged does not, however, automatically establish criminal liability. Ownership of the property, the perpetrator's intent, the manner in which the damage occurred, whether the conduct formed part of another offence, complaint requirements, aggravated circumstances and subsequent compensation of the damage must all be examined separately.
Accordingly, cases involving an Ataşehir criminal lawyer, Ataşehir property damage lawyer, damage to property under Article 151 TPC, aggravated property damage under Article 152 TPC, complaint for damage to property, conciliation in property damage cases, effective remorse and an Istanbul Anatolian Side criminal lawyer require an assessment of all circumstances of the incident.
What Is the Offence of Damage to Property?
Damage to property is an offence that may arise where a person intentionally damages movable or immovable property belonging to another person.
Destroying, damaging, eliminating, impairing, rendering unusable or contaminating another person's property may fall within Article 151 depending on the circumstances.
The principal legal interest protected by the offence is property and the individual's economic interest in the asset.
The property does not have to be completely destroyed. Partial damage affecting its economic value, usability or physical integrity may also be sufficient.
What Is the Legal Basis of the Offence?
The basic form is regulated by Article 151 of Turkish Penal Code No. 5237.
Aggravated forms are regulated separately by Article 152.
The distinction is important because classification under Article 151 or Article 152 may affect not only the applicable sanction but also procedural issues including complaint and conciliation.
What Property Can Be the Subject of the Offence?
The offence generally concerns movable or immovable property belonging to another person.
Vehicles, mobile phones, computers, furniture, machinery and business equipment may constitute the subject of the offence.
Buildings, homes, workplaces and other immovable property may also be affected.
The existence of another person's legally protected ownership or property interest is therefore central.
Is Scratching Another Person's Car a Criminal Offence?
Potentially, yes.
Intentionally scratching the paintwork of another person's vehicle, denting its bodywork, breaking a window, removing a mirror or damaging its tyres may constitute damage to property.
The connection between the suspect and the damage must nevertheless be established through evidence.
Security-camera footage, dashcam recordings, witnesses, scene records and expert documentation concerning the damage may be particularly important.
Is Cutting a Vehicle's Tyres Damage to Property?
Intentionally cutting or rendering another person's vehicle tyres unusable may constitute damage to property.
The entire vehicle does not need to be destroyed. Damage to a component may itself result in legally relevant property damage.
Where the act is committed together with another offence, the applicable rules concerning concurrence of offences must also be considered.
Is Breaking the Window of a Workplace an Offence?
Intentionally breaking the window of another person's workplace may constitute damage to property.
Where the perpetrator also unlawfully enters the premises, makes threats, takes property or commits other acts, additional offences may arise.
The incident should therefore be assessed as a whole.
Must the Property Be Completely Destroyed?
No.
Complete destruction is not required.
Partial physical damage, loss of function or a significant reduction in usability may be sufficient.
For example, intentionally breaking the screen of an electronic device or damaging its mechanical system may constitute property damage even if the device continues to exist.
Can Contaminating Property Constitute the Offence?
Article 151 also covers contamination in relevant circumstances.
However, not every trivial or temporary contamination automatically creates criminal liability.
The effect on use, economic value, restoration costs and the perpetrator's intent should be assessed.
Is Intent Required?
Yes.
The perpetrator must act intentionally.
Whether the person knew that the property belonged to another person and deliberately caused the damage is important.
Accidental damage and deliberate destruction are therefore not treated identically under criminal law.
Is Accidentally Damaging Another Person's Property a Crime?
Not every instance of damage constitutes the offence under Article 151.
Where property is accidentally broken because of carelessness, the required intent must be examined.
The absence of criminal liability does not necessarily eliminate potential civil liability for compensation.
Criminal responsibility and compensation for financial loss are separate legal issues.
What If Property Is Broken During an Argument?
Where the property belongs to another person and is deliberately damaged, the fact that the perpetrator acted in anger does not by itself prevent the offence from arising.
For example, deliberately throwing and breaking another person's mobile phone during an argument may constitute damage to property.
Threats, insults or bodily injury occurring during the same incident should be assessed separately.
Is Damaging One's Own Property an Offence?
The basic offence under Article 151 concerns property belonging to another person.
A person who damages property exclusively owned by themselves does not, as a general rule, commit the basic form of damage to property.
Different issues may arise where third parties have legal rights over the property or where the conduct constitutes another offence.
What About Jointly Owned Property?
Jointly owned property requires a more careful assessment.
A perpetrator's ownership interest does not necessarily eliminate the protected property interests of other co-owners.
The structure of ownership, scope of the perpetrator's rights and impact of the conduct on the rights of others should therefore be considered.
Can a Tenant Commit Damage to Property Against the Landlord?
Not every deterioration occurring during a tenancy constitutes a criminal offence.
Ordinary wear and tear must be distinguished from intentional destruction.
Normal deterioration of paint over time is different from deliberately destroying doors, fixed installations or other components in order to harm the landlord.
Intentional damage may also give rise to compensation and tenancy-law claims.
What Are the Aggravated Forms?
Article 152 provides aggravated treatment for damage committed against certain types of property or through specified methods.
Property belonging to public institutions, property allocated to public services, structures used for protection against disasters and certain trees or plants may fall within aggravated provisions.
Damage caused through fire, combustible or explosive substances or other specified dangerous methods may also require assessment under Article 152.
Correct classification under Article 151 or Article 152 may materially affect the legal outcome.
Is Damage to Public Property Treated More Seriously?
It may be.
Intentional damage to property belonging to public institutions or allocated to public use or public services may constitute an aggravated form under Article 152.
The precise nature and purpose of the property should be established.
Can Damage to Trees or Saplings Constitute an Aggravated Offence?
Article 152 may apply to damage to certain planted trees, saplings or vines where the statutory conditions are met.
Not every instance of damage to vegetation is treated identically.
Ownership, location and the specific statutory conditions must be examined.
Is Damage by Fire Treated More Seriously?
Damage committed by setting property on fire may, depending on the circumstances, fall within aggravated provisions.
Where the fire also endangers human life or other property, additional offences may need to be considered.
Cases involving the burning of vehicles, homes or workplaces should therefore not be assessed solely by reference to the monetary loss.
What Is the Difference Between Damage to Property and Theft?
Theft generally involves taking movable property belonging to another person from the possession of its holder without consent.
Damage to property instead concerns destruction, impairment or loss of usability.
Damage may nevertheless occur during theft.
Where a door or lock is broken to commit theft, the relationship between the offences must be assessed under the applicable statutory provisions and case law.
Can Damage to Property and Violation of the Inviolability of the Home Occur Together?
Yes.
Where a person unlawfully enters another person's home and damages property inside, both offences may arise.
In a judgment dated 25 March 2025, the Court of Cassation considered offences under Article 116/1 concerning violation of the inviolability of the home and Article 151/1 concerning damage to property within the same proceedings.
The elements of each offence must be examined separately.
Can Damage to Property and Threats Occur Together?
Yes.
Where a person damages property in order to intimidate another and also makes threats against that person, both offences may arise depending on the circumstances.
Each act must be examined independently to determine the applicable offences.
What Is the Penalty for Damage to Property?
The applicable sanction depends on whether the conduct falls within the basic or aggravated form of the offence.
Article 151 regulates the basic offence and Article 152 regulates aggravated forms. Official Court of Cassation documents also identify these as separate statutory categories.
The final sentence may additionally be affected by attempt, participation, concurrence, effective remorse and other individualisation provisions.
A definitive sentence calculation should therefore not be made without examining the specific case.
Is the Basic Offence Subject to Complaint?
Yes.
The basic offence under Article 151/1 is subject to complaint.
In its judgment dated 25 March 2025, the Court of Cassation expressly confirmed that the offence under Article 151/1 is complaint-based and required clarification of the victim's complaint status.
The same conclusion should not automatically be applied to aggravated forms without determining the correct statutory classification.
Is There a Time Limit for Complaint?
Complaint-based offences are subject to the general complaint provisions of the Turkish Penal Code.
The person entitled to complain must exercise that right within the statutory period after learning of both the act and the perpetrator.
The date on which the perpetrator was identified may therefore be particularly important where identification occurs later through CCTV or other evidence.
Does Withdrawal of the Complaint Affect the Case?
It may, for the complaint-based basic offence.
The legal effect of withdrawal depends on the applicable procedural rules, the stage of proceedings and, where required, the defendant's acceptance.
In its 2025 decision, the Court of Cassation required clarification of whether the victim wished to complain and, if not, whether the defendant accepted the withdrawal.
Is Damage to Property Subject to Conciliation?
The basic offence under Article 151 is within the conciliation regime.
The Court of Cassation's judgment dated 25 March 2025 expressly states that the amendment introduced by Law No. 6763 brought the Article 151 offence within the scope of conciliation.
Where additional offences or aggravated forms are involved, the applicability of conciliation must be examined separately.
What Is Conciliation?
Conciliation is a criminal-procedure mechanism allowing the suspect or defendant and the victim to reach an agreement through a conciliator for offences falling within the statutory regime.
The legal effect of successful conciliation depends on the stage of the proceedings and the agreed terms.
The agreement does not necessarily have to involve a monetary payment; other lawful obligations may also be agreed.
Does Paying for the Damage Automatically End the Case?
No.
Compensation, withdrawal of complaint, conciliation and effective remorse are distinct legal concepts.
Simply paying the cost of a broken item does not automatically terminate criminal proceedings in every case.
Compensation may, however, be important for effective remorse.
Can Effective Remorse Apply?
Yes, where its statutory requirements are satisfied.
Compensation of damage may affect the sentence under the common provisions applicable to certain property offences.
In its 25 March 2025 judgment, the Court of Cassation held that failure to consider Article 168/1 despite the victim's statement that the defendant's family had compensated the damage ten days after the incident required reversal.
Both the timing and manner of compensation are therefore relevant.
What If the Defendant's Family Pays the Damage?
The Court of Cassation's 2025 judgment treated compensation by the defendant's family as relevant to consideration of Article 168/1.
This does not mean that every payment automatically produces the same result.
Whether the damage was genuinely compensated and whether the other statutory requirements are satisfied must be examined.
What Evidence Is Used?
Evidence may include CCTV footage, dashcam recordings, witness testimony, crime-scene reports, photographs, messages, expert reports, repair invoices, telephone records and forensic examinations.
The appropriate evidence depends on the manner in which the incident occurred.
Can CCTV Footage Be Evidence?
Yes.
Security footage from apartments, residential complexes, car parks and workplaces may be important for identifying both the incident and the perpetrator.
The time period covered, image quality, continuity of the recording and consistency with other evidence should be examined.
Because many systems automatically delete recordings after a limited period, timely preservation may be important.
Can WhatsApp Messages Be Evidence?
Messages sent before or after the incident may be relevant to the perpetrator's intent and connection with the incident.
For example, a message threatening to damage a vehicle followed by actual damage may be assessed together with other evidence.
The message alone, however, may not conclusively prove that the sender physically committed the damaging act.
How Is the Amount of Damage Determined?
Repair records, invoices, expert reports and technical examinations may be used.
Disputes concerning the true amount of loss may arise particularly with vehicles, machinery and electronic devices.
The amount may also be relevant to compensation and effective-remorse issues.
What If the Perpetrator Is Unknown?
The fact that the perpetrator is initially unknown does not necessarily prevent investigation.
CCTV footage, nearby business recordings, witnesses and digital evidence may allow later identification.
In complaint-based cases, the date on which the perpetrator becomes known may also be relevant to calculation of the complaint period.
Is Attempt Possible?
Depending on the circumstances, general rules on attempt may apply.
Where the perpetrator begins acts directly aimed at damaging property but the intended damage does not occur for reasons outside their control, attempted damage to property may require consideration.
What If Several Items Are Damaged?
The number of offences and possible application of successive-offence rules depend on the circumstances.
Ownership of the items, timing and whether the acts were committed pursuant to the same criminal decision may all be relevant.
It is therefore not always correct to assume that every damaged item automatically constitutes a separate offence.
What If Several People Act Together?
General rules concerning participation in crime may apply.
The role of each person must be determined.
Mere presence at the scene does not automatically establish joint perpetration; the person's contribution and control over the offence must be assessed.
Is There a Limitation Period?
Yes.
The limitation period depends on the statutory sanction and the general limitation provisions.
In a judgment dated 25 March 2025, the Court of Cassation's 2nd Criminal Chamber applied an eight-year ordinary limitation period under Article 66/1-e to the basic offence under Article 151/1 and dismissed the public prosecution because the period had expired.
Suspension or interruption of limitation may affect the calculation in individual cases.
Which Court Hears Damage to Property Cases?
Proceedings concerning the basic offence are generally heard by the Criminal Court of First Instance under the applicable rules on jurisdiction.
A 2025 Court of Cassation decision concerning Article 151/1 likewise arose from a Criminal Court of First Instance.
Where a more serious connected offence is involved, jurisdiction may require a different assessment.
Where Are Ataşehir Cases Investigated?
Where the offence is committed in Ataşehir, the investigation may fall within the Istanbul Anatolian judicial district under the territorial-jurisdiction rules of criminal procedure.
The Istanbul Anatolian Chief Public Prosecutor's Office conducts criminal investigations within that judicial district and has publicly reported investigations that include allegations of damage to property.
The precise competent authority may depend on the location and structure of the alleged offences.
Can the Victim Claim Compensation?
Criminal proceedings principally determine criminal responsibility.
Financial loss may be addressed through conciliation or effective-remorse processes in relevant cases, while civil-law compensation claims may also arise separately.
The cost of repairing damaged property and other proven losses may therefore require an independent civil-law assessment.
Can the Defendant Be Acquitted?
Yes.
An acquittal may be required where it cannot be established through sufficiently certain and convincing evidence that the defendant committed the offence.
The existence of previous hostility between the parties does not by itself prove that the accused caused the damage.
All evidence must be assessed as a whole.
Ataşehir Criminal Lawyer Assistance
Damage-to-property cases may appear straightforward but often involve several distinct legal issues.
Ownership, intent, classification under Article 151 or 152, connected offences, complaint requirements, conciliation and effective remorse may all affect the outcome.
In its judgment dated 25 March 2025, the Court of Cassation confirmed that the basic Article 151 offence is subject to complaint and conciliation and also held that compensation of the damage required consideration of effective-remorse provisions.
Accordingly, cases involving Ataşehir criminal litigation, an Ataşehir criminal lawyer, Ataşehir property damage lawyer, Article 151 TPC, Article 152 TPC, property damage complaint, conciliation, effective remorse and an Istanbul Anatolian Side criminal lawyer require the substantive and procedural aspects of the case to be examined together.
Conclusion
Damage to property is an offence against property that may arise where movable or immovable property belonging to another person is intentionally destroyed, impaired, rendered unusable or otherwise damaged in a manner covered by the Turkish Penal Code.
The basic form is regulated by Article 151 and aggravated forms by Article 152.
Not every instance of financial or physical damage constitutes criminal damage to property. Intent, ownership, the nature of the damage and the circumstances of the incident must be established.
The basic offence under Article 151/1 is subject to complaint and falls within the conciliation regime. Current Court of Cassation practice expressly applies both rules.
Subsequent compensation may also materially affect the proceedings. The Court of Cassation has required consideration of effective-remorse provisions even where the damage was compensated by the defendant's family.
For this reason, complaint deadlines, CCTV footage, documentation of damage, conciliation and compensation should be assessed promptly in damage-to-property cases arising in Ataşehir.