Wrong Suitcase at Istanbul Airport: TCK Article 160

1. What TCK Article 160 Says

The provision is TCK Article 160, headed "Kaybolmuş veya hata sonucu ele geçmiş eşya üzerinde tasarruf" (disposing of an item that was lost or came into someone's hands by mistake). It has a single paragraph. In English, its text is:

A person who, over an item that has left the possession of its owner because it was lost, or that was obtained as a result of a mistake, acts as an owner would, without returning it or without informing the authorised authorities of the situation, is punished, on complaint, with imprisonment of up to one year or a judicial fine.

Taking the text apart gives five points.

1. The item. It is an item that has left its owner's possession because it was lost (kaybedilmiş olması nedeniyle malikinin zilyedliğinden çıkmış), or one that was obtained as a result of a mistake (hata sonucu ele geçirilen).
2. The conduct. The person acts as an owner would (malik gibi tasarrufta bulunan). The provision does not list examples of what that means; whether a particular act is acting as an owner is assessed on the facts.
3. The words about returning and informing. The text describes this conduct as taking place "without returning" the item (iade etmeksizin) or "without informing the authorised authorities of the situation" (yetkili mercileri durumdan haberdar etmeksizin). It does not name the authorities.
4. The complaint. The punishment is provided şikayet üzerine, on complaint (Section 4).
5. The sanction. Imprisonment of up to one year (bir yıla kadar hapis) or a judicial fine (adlî para cezası). This guide does not quote a fine amount.

The mistake is part of the provision itself

For the traveller who picked up the wrong suitcase, one feature of the wording matters. The provision does not treat the mistake as the problem: it speaks of an item obtained as a result of a mistake. The conduct the text punishes is what the person does afterwards, acting as an owner without returning the item or informing the authorised authorities.

TCK Article 21(1) adds that the existence of an offence depends on intent (kast), and defines intent as realising the elements in the statutory definition knowingly and willingly (bilerek ve istenerek). Whether a particular person realised the elements of Article 160 knowingly and willingly is a question for the prosecutor and, if a case is opened, the court. This guide does not say how it would be answered in any case.

2. Two Travellers, One Provision

Article 160 can be read from two sides.

The traveller who has the wrong bag. The text turns on the words "returning" and "informing the authorised authorities". A person who realises that a bag is not theirs may be holding what the provision calls an item obtained as a result of a mistake, and its words are the ones to read before deciding what to do with the bag. Section 6 sets out practical steps that follow from those words.

The traveller whose bag was taken. Article 160 is a complaint-dependent provision, so it is the person entitled to complain, not the prosecutor, who decides whether to start the process. The complaint has a time limit (Section 4), and the declared address matters later in the process (Section 5).

3. Not Theft: Article 160 Next to Article 141

Two Articles of the Penal Code can sound alike when a bag leaves the airport with the wrong person. Their texts are different.

TCK Article 141(1) provides that a person who takes another person's movable property, without the possessor's consent, from where it is, in order to obtain a benefit for themselves or another, is given imprisonment of one to three years.

The table sets the two provisions side by side, using their words.

Which provision, if either, fits a given set of facts is decided by the prosecutor and the court. The table shows that the Articles are written around different conduct; it does not say which one applies to a particular bag.

4. The Complaint: Where, How and Within What Time

Article 160 provides punishment şikayet üzerine. Three provisions of general law then apply.

Where and how: CMK Article 158. Under CMK Article 158(1), a report or complaint about an offence may be made to the chief public prosecutor's office (Cumhuriyet Başsavcılığı) or to the law enforcement authorities (kolluk). Under CMK Article 158(5), it may be made in writing, or orally to be recorded in a written record (tutanak).

Within what time: TCK Article 73. Under TCK Article 73(1), where an offence depends on complaint and the person entitled to complain has not complained within six months, investigation and prosecution cannot be carried out. Under TCK Article 73(2), this period, on condition that it does not exceed the limitation period, starts on the day the person entitled to complain knew or learned of the act and of who committed it.

Withdrawal: TCK Article 73(4). In offences where prosecution depends on complaint, unless the law says otherwise, withdrawal by the injured person drops the case (davayı düşürür), and withdrawal after the judgment has become final does not prevent enforcement of the penalty.

A complaint should describe the facts concretely: the flight, the carousel, a description of the bag, and what is known about who left with it. The text of Article 160 uses the words "without returning" and "without informing", so a record of what the other person was asked or told, and when, is part of the facts.

5. Conciliation: CMK Article 253

CMK Article 253(1)(a) provides that in offences whose investigation and prosecution depend on complaint, an attempt is made to conciliate (uzlaştırma) the suspect and the victim or injured person. Article 160 is complaint-dependent by its own words, which places it in that paragraph.

CMK Article 253(3) lists the cases where conciliation cannot be pursued even if the offence depends on complaint: offences against sexual integrity, persistent stalking (Article 123/A) and insult (Article 125). Article 160 is not among them. The same paragraph adds that where an offence within the conciliation scope is committed against the same victim together with an offence outside it, the conciliation provisions are not applied. A sentence added to Article 253(3) by an amending act of 24 December 2025 deals with offences within the scope of ön ödeme together with offences within the conciliation scope; it does not name Article 160.

The steps in the text run as follows.

1. File sent to the bureau. Under CMK Article 253(4), where the offence is subject to conciliation and there is sufficient suspicion to bring a public case, the file is sent to the conciliation bureau (uzlaştırma bürosu).
2. The offer. The conciliator appointed by the bureau makes the offer to the suspect and the victim.
3. Seven days. A person who does not state a decision within seven days of the offer being made to them is treated as having refused it (Article 253(4)).
4. Unreachable parties. Under CMK Article 253(6), where the victim, the injured person or the suspect cannot be reached because they are not at the address declared to the official authorities and found in the investigation file, because they are abroad or for another reason, the investigation is concluded without going to conciliation.
5. Performance. Under CMK Article 253(19), if the suspect performs the agreed obligation at once, a decision not to prosecute (kovuşturmaya yer olmadığı kararı) is given.

For a foreign traveller on either side, Article 253(6) is the reason to give an address and contact details that will work after leaving Türkiye, and to keep the authorities informed of any change.

6. Step by Step

If you have a bag that is not yours

1. Stop and do not open or use the contents further. The text of Article 160 is built around acting as an owner would.
2. Do not discard, give away or sell the bag or anything in it.
3. Return it, and tell the authorised authorities. The text of Article 160 names both, joined by "or" (veya): "without returning" and "without informing". It does not say that doing only one of them is enough, so doing both is the cautious course. The text does not name the authorities, and Law No. 4721 Article 769, first paragraph, names the owner and, where the owner is unknown, the law enforcement authorities (kolluk kuvvetleri) for the person who finds a lost thing. Whether a suitcase picked up by mistake at a carousel is a "lost thing" in that Article is not answered by its words; the course it describes is consistent with Article 160.
4. Keep a record. Note the date and time you noticed, the flight, who you told, and photograph the bag as it is, without examining its contents.
5. Speak to a lawyer before giving a statement if the police or the prosecutor contact you.

If your bag was taken

1. Tell airline or airport staff and the police as soon as you notice, and ask for a record of what you reported.
2. Describe the bag and its contents in as much detail as you can, with a photograph if you have one.
3. Note the day you learned of the act and of who committed it. Under TCK Article 73(2), the six-month period starts on the day you knew or learned both.
4. Make the complaint to the chief public prosecutor's office or the law enforcement authorities, in writing or orally to be recorded (CMK Article 158(1) and (5)).
5. Give an address and contact details that will work after you leave Türkiye. CMK Article 253(6) attaches consequences to being unreachable.

A bag found left behind

The Civil Code speaks to the person who finds a lost thing. Law No. 4721 Article 769, first paragraph, requires the finder to notify the owner or, if the owner is not known, the law enforcement authorities (in villages, the muhtar), or to search for the owner and, where necessary, announce the find. Under the second paragraph of Article 769, if the thing found is of significant value, the law enforcement authorities or the muhtar must in every case be notified. Under the third paragraph of Article 769, a person who finds something in a home or workplace in use, or in a place where public service is performed, must hand it to the owner or tenant of that place or, in a place where public service is performed, to those charged with supervision and oversight. Article 770, first paragraph, requires a found thing to be kept with care. Article 771 provides that if the owner does not appear within five years from the announcement or notification, the finder acquires ownership provided the finder has performed their obligations, and that if the thing is returned the finder may ask for expenses and an appropriate reward; where the thing was found in a home, workplace or place where public service is performed, the owner, tenant or institution of that place is treated as the finder but cannot ask for a reward.

If you or someone travelling with you has taken the wrong bag at Istanbul Airport or at Sabiha Gökçen, or has had a bag taken, a lawyer can explain these rules in your language and look at the documents you hold. Guidance can start on WhatsApp. See also our pages on criminal defence in Türkiye and giving a statement (ifade), and our guide to what happens at the police station after an airport arrest.