A Legal and Conceptual Analysis of the Concept of Property: An Evaluation in the Context of the Crimes of Theft and Robbery

This article delves into the historical and legal evolution of the right to property, thoroughly examining the crime types of theft and robbery that arise from the violation of this right. The right to property has been defined as a dynamic fundamental right, with its content continuously shaped by social and political factors. The study details how this right can be limited within the framework of the Constitution and the European Convention on Human Rights (ECHR) and explains the state's positive obligations in this regard. The core findings of the article reveal the broad legal differences between the concepts of property and assets. Unlike civil law, in criminal law, assets also encompass items with spiritual value that may lack economic value. In this context, the fundamental elements and points of distinction between the crimes of theft and robbery are compared. The crime of theft is defined as taking an item without the consent of the possessor, whereas the crime of robbery is constituted when this act is accompanied by additional elements such as force or threats. In conclusion, the article emphasizes the critical importance of distinguishing between these two crime types. The failure to correctly make this distinction in legal proceedings can lead to the wrongful classification of theft as robbery, resulting in unjust outcomes. Therefore, a meticulous examination of the elements of the crime, particularly the conditions of force and threats, is essential to prevent legal injustices.