Killing by Gross Carelessness in Turkish Penal Code


What Is Negligence?

Negligence is the execution of behavior due to a breach of the obligation of care and attention without foreseeing the consequence specified in the legal definition of the crime.  The definition of negligence is made in Article 22 of the Turkısh Penal Code.

The Penalty Of Killing By Gross Carelessness

The penalty, which was determined as 2 years to 5 years in our old law, is increased by one year in our new law and stipulated as a prison sentence from 3 to 6 years. Since our new law sets the limit for postponement as 2 years, the possibility of postponing the crimes of killing by negligence has been removed.

The Failure of Negligence

Failure due to crimes committed by negligence can only be made by the incident judge with an evaluation. Therefore, mathematical expression of imperfection is not possible due to negligence. However a certain reduction in the penalty of the crime can be made taking into account the fault determined by the judge through normative evaluation. An expert examination may be conducted to determine whether the obligation of attention and care has been violated in the concrete case.  Within the framework of these technical data, the judge will assess whether the perpetrator was at fault in the concrete incident, If the perpetrator is found to be at fault taking into account the severity of the fault and other reasons, he will impose a penalty between the lower and upper limit of the penalty in the legal definition of the offense. 

Culpable Negligence

If there is culpable negligence the penalty will be increased, and the punishment of the perpetrator will be increased from one-third to half. Culpable negligence is the act of acting without obeying the rules or relying on factors such as luck and personal talent, although the perpetrator does not want a result that they “predicted”.

If more than one person died by negligence or if more than one person died and one or more people were injured, the aggravating cause will be accepted also. 

As an Antalya law firm, we delve into the crime of killing by gross carelessness, outlined in the Turkish Penal Code, in our article. We thoroughly explain the concept of negligence, stemming from the breach of legal duty of care. Examining the liability and obligations, we shed light on penalties and court assessments. As one of the top law firms in Antalya, we stand by your side.

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Source: wikipedia