When a person is unable to perceive the meaning and result of her/his act or has significantly lost their ability to direct their actions under the effect of alcohol, drugs or temporary reasons this person is not punished because of their efforts in Turkish Criminal Law. Committing a crime under these conditions is a state of personal impunity in Turkish Law.
It means that they have lost their ability to fault in the context of Turkish Criminal Law when they are under the influence of alcohol or drugs against their will or for other temporary reasons.
The ability to defect is the ability of a person to perceive the meaning of their action when they perform the act subject to the crime and it is the ability to produce this action in the direction of their will.
To punish the perpetrator for the act they committed, their fault must be at least negligent in Turkish Criminal Law. This means that they must predict the consequences of their verb. Characteristics such as the perpetrator’s background, character traits, and general attitudes are not taken into account while qualifying the flaw ability.
Criminalization under the influence of alcohol and drugs removes the person’s fault however, for this, the person must have taken alcohol or drugs without their will.
An example of a temporary reason is the person committing a crime while asleep. Some diseases that cause the person to lose his / her perception of the ability can also be considered temporary reasons.
If the conditions are met about committing the crime in the effect of alcohol, drugs, or temporary reasons the judge will decide that there is no need for the punishment. However, security measures will be applied to those who committed the crimes.
Taking these substances by mistake, taking these substances by deceiving from someone, or taking these substances by force are the examples that can be given to the person taking alcohol and drugs without their will. The important thing is that the person who committed a crime does not fault the influence of alcohol and drugs.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of COMMITTING A CRIME IN THE EFFECT OF ALCOHOL AND DRUGS OR TEMPORARY REASONS including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of IN THE EFFECT ALCOHOL AND DRUGS.
