Offence of Negligent Injury - Ümraniye Criminal Lawyer
The offence of negligent injury is regulated under Article 89 of the Turkish Penal Code and arises when a person causes bodily pain to another person or causes impairment of another person's health or perception ability as a result of conduct contrary to the duty of care and attention. Negligent injury may occur particularly as a result of different incidents such as traffic accidents, occupational accidents, electric shocks, elevator accidents and domestic accidents.
In the offence of negligent injury, the perpetrator does not intentionally cause the injury. In the legal assessment, it is important to determine whether the duty of care and attention was breached, whether the resulting consequence was foreseeable, the fault of the perpetrator, the causal connection between the conduct and the injury and whether the incident falls within ordinary negligence or conscious negligence.
Therefore, in legal assessments made within the scope of an Ümraniye criminal lawyer, Istanbul criminal lawyer, negligent injury lawyer, traffic accident criminal lawyer or occupational accident criminal lawyer, the manner in which the incident occurred, the obligations of the parties and their fault should be examined together.
What Is the Offence of Negligent Injury?
The offence of negligent injury occurs when a person causes injury to another person as a result of conduct contrary to the duty of care and attention.
Under Article 89 of the Turkish Penal Code, criminal liability arises for a person who negligently causes bodily pain to another person or causes impairment of another person's health or perception ability. The law provides imprisonment from three months to one year or a judicial fine for the basic form of the offence.
In assessing the offence of negligent injury, the mere occurrence of an injury is not sufficient. The perpetrator's conduct, duty of care and attention, fault and the legal connection with the resulting consequence must also be assessed.
What Is Negligence?
Negligence is the occurrence of a consequence specified in the legal definition of an offence without foreseeing that consequence due to a breach of the duty of care and attention.
In negligent offences, the person does not desire the resulting consequence. However, a foreseeable consequence occurs because the necessary care and attention were not exercised.
In negligent offences, the penalty to be imposed is determined according to the perpetrator's degree of fault.
What Are the Elements of the Offence of Negligent Injury?
For the offence of negligent injury, the offence must first be one that can be committed negligently. The act must be voluntary, but the resulting consequence must not be desired by the perpetrator.
There must also be a causal connection between the act and the resulting injury, and the foreseeable consequence must not have been foreseen by the perpetrator.
According to the assessment presented in the source, the elements of negligence are that the offence can be committed negligently, the act is voluntary, the consequence is not desired, there is a causal connection between the act and the consequence and the foreseeable consequence was not foreseen.
What Is Ordinary Negligence?
In ordinary negligence, the perpetrator does not foresee a consequence that may arise as a result of conduct contrary to the duty of care and attention, although that consequence is foreseeable.
The perpetrator neither desires the injury nor foresees that it may occur.
However, according to the circumstances of the particular case, the consequence must have been foreseeable if the necessary care and attention had been exercised.
What Is Conscious Negligence?
In conscious negligence, the perpetrator foresees the possible consequence but does not desire it.
The fundamental distinction between ordinary negligence and conscious negligence arises at this point. In ordinary negligence, the perpetrator does not foresee the foreseeable consequence, whereas in conscious negligence, the perpetrator foresees it but continues the conduct in reliance on the consequence not occurring.
Where conscious negligence exists, the penalty for the negligent offence is increased by one-third to one-half.
What Is the Difference Between Ordinary Negligence and Conscious Negligence?
The fundamental difference between ordinary negligence and conscious negligence is whether the perpetrator foresaw the possible consequence.
In ordinary negligence, the perpetrator does not foresee the consequence. In conscious negligence, the perpetrator foresees the consequence but does not desire it and relies on it not occurring.
This distinction is important in determining the applicable penalty because the penalty is increased in cases of conscious negligence.
What Is the Penalty for the Offence of Negligent Injury?
Under Article 89/1 of the Turkish Penal Code, a person who negligently causes bodily pain to another person or impairment of another person's health or perception ability is punished by imprisonment from three months to one year or a judicial fine.
However, the basic penalty may be increased according to the severity of the consequences caused by the injury.
Different penalty provisions also apply where the act causes injury to more than one person or is committed with conscious negligence.
Does a Bone Fracture Resulting From Negligent Injury Affect the Penalty?
Yes.
Where negligent injury causes a bone fracture in the victim's body, the penalty determined under Article 89/1 is increased by one-half pursuant to Article 89/2 of the Turkish Penal Code.
Therefore, medical reports issued in incidents such as traffic accidents or occupational accidents are important in determining the legal nature of the injury.
Does Permanent Weakening of the Function of an Organ or Sense Increase the Penalty?
Yes.
Where negligent injury results in permanent weakening of the function of one of the victim's senses or organs, the penalty determined according to the basic provision is increased by one-half.
The victim's medical condition and medical reports are important in determining whether such a consequence exists.
Does a Permanent Facial Scar Affect the Penalty for Negligent Injury?
Yes.
A permanent scar on the victim's face caused by negligent injury is one of the consequences requiring a one-half increase in the penalty under Article 89/2 of the Turkish Penal Code.
Rather than automatically treating every facial injury as a permanent scar, the permanent nature of the injury should be determined through medical assessment.
Does a Life-Threatening Injury Increase the Penalty?
Yes.
Where negligent injury causes a condition that endangers the victim's life, the penalty determined according to the basic provision is increased by one-half.
Therefore, whether the victim's injury endangered their life is an important medical determination for criminal proceedings.
Does Causing a Pregnant Woman to Give Birth Prematurely Affect the Penalty?
Yes.
Where negligent injury causes a pregnant woman to give birth prematurely, the penalty determined according to the basic provision is increased by one-half.
What Happens If Negligent Injury Causes Loss of Organ Function?
Where negligent injury results in the complete loss of function of one of the victim's senses or organs, this is regulated as a more serious consequence.
In this situation, the penalty determined according to the basic provision is increased by one fold pursuant to Article 89/3 of the Turkish Penal Code.
Does an Incurable Disease or Vegetative State Increase the Penalty?
Yes.
Where negligent injury causes the victim to suffer an incurable disease or enter a vegetative state, the penalty determined according to the basic provision is increased by one fold.
Does Loss of the Ability to Speak or Reproduce Affect the Penalty?
Yes.
Loss of the victim's ability to speak or reproduce is regulated as one of the more serious consequences under Article 89/3 of the Turkish Penal Code.
In this situation, the penalty determined according to the basic provision is increased by one fold.
Does Causing Permanent Change to the Face Increase the Penalty?
Yes.
Where negligent injury causes permanent change to the victim's face, the penalty determined according to the basic provision is increased by one fold.
This is regulated as a different and more serious consequence than causing a permanent facial scar.
What Happens If Negligent Injury Causes a Pregnant Woman to Miscarry?
Causing a pregnant woman to miscarry as a result of negligent injury is one of the more serious consequences regulated under Article 89/3 of the Turkish Penal Code.
In this situation, the penalty determined according to the basic provision is increased by one fold.
What Is the Penalty for Negligently Causing Injury to More Than One Person?
Where the act causes injury to more than one person, imprisonment from six months to three years is imposed under Article 89/4 of the Turkish Penal Code.
This provision is particularly important in traffic and occupational accidents in which multiple persons are injured.
Does the Offence of Negligent Injury Arise in a Traffic Accident?
Traffic accidents are among the most common examples of the offence of negligent injury in practice.
Where a driver causes another person to be injured as a result of conduct contrary to traffic rules and the duty of care and attention, an assessment may be made under Article 89 of the Turkish Penal Code.
However, the mere occurrence of a traffic accident does not by itself mean that the driver has criminal liability. The manner in which the accident occurred, the conduct of the parties, traffic rules and fault must be examined.
Why Is the Degree of Fault Important in a Traffic Accident?
Because the penalty in negligent offences is determined according to the perpetrator's fault, the assessment of fault is of great importance.
In traffic accidents, factors such as the driver's speed, compliance with traffic signs, road and weather conditions, visibility and the conduct of other parties may be considered in determining fault.
Depending on the characteristics of the particular case, an expert examination may also arise.
Can Causing Injury While Driving in the Wrong Direction Constitute Conscious Negligence?
Depending on the circumstances of the particular case, conscious negligence may arise.
In the decision of the General Criminal Assembly of the Court of Cassation cited in the source, the classification of the driver's conduct as negligent injury with conscious negligence was found appropriate where the driver drove in the wrong direction on a road with insufficient visibility due to sunlight, foresaw that they could hit someone but continued driving in reliance on driving experience and the consequence not occurring.
Therefore, conscious negligence must be assessed according to the circumstances of each case.
Can the Offence of Negligent Injury Arise From an Occupational Accident?
Yes.
Occupational accidents are among the incidents in which the offence of negligent injury may arise. In addition to traffic accidents, the source identifies electric shocks, elevator accidents, occupational accidents and domestic accidents as examples encountered in practice.
To determine criminal liability in an occupational accident, the obligations of the relevant persons arising from legislation and the particular work organisation, as well as their fault in the occurrence of the accident, must be examined.
Is the Employer Always Punished in an Occupational Accident?
The occurrence of an occupational accident alone does not automatically create criminal liability for a particular person.
For negligent liability, the person's duty of care and attention, responsibilities arising from legislation or their position, the breached obligation and the causal connection with the resulting injury must be examined.
The source also states that, in incidents other than traffic accidents, the relevant laws, regulations and other rules should be examined when determining fault in order to establish whether they impose obligations on the parties.
Can the Offence of Negligent Injury Arise From an Elevator Accident?
Yes.
Where a person is injured as a result of an elevator accident, the offence of negligent injury may arise depending on whether maintenance, inspection, operation or other relevant obligations were breached.
In determining liability, it must be separately examined which person breached which obligation in the particular case.
Can the Offence of Negligent Injury Arise From an Electric Shock?
Injuries resulting from electric shocks are also among the incidents that may be assessed within the scope of negligent injury.
However, the manner in which the incident occurred, relevant safety obligations and the person's fault must be investigated in order to determine criminal liability.
Is an Expert Report Important in a Negligent Injury Case?
Yes.
Particularly in traffic accidents, occupational accidents, technical accidents and incidents where the liability of multiple persons is disputed, expert reports may be important in determining fault.
The source states that the relevant legislation should be examined when assessing fault and that the grounds underlying the expert's assessment should be reviewed. It also refers to the possibility of calling the expert to the hearing and obtaining reports from the parties' own experts where necessary.
Can an Expert Report Be Challenged?
As stated in the source, it is possible to question the legislation and technical data on which an expert's fault assessment is based.
The source states that under the Criminal Procedure Code, an expert may be called to the hearing to provide explanations and answer questions, and that the parties may also obtain reports from their own experts.
Therefore, the expert report should be assessed together with the other evidence in the file.
Is the Offence of Negligent Injury Subject to Complaint?
Under Article 89/5 of the Turkish Penal Code, investigation and prosecution of the offence of negligent injury are, as a rule, subject to complaint.
However, except for injuries falling within the first paragraph, no complaint is required where the offence is committed with conscious negligence.
Therefore, when determining whether a complaint is required, the nature of the injury and whether the incident falls within ordinary or conscious negligence must be assessed.
Can a Complaint Be Withdrawn in the Offence of Negligent Injury?
The source states that, in cases where negligent injury is subject to complaint, the case will be dismissed if the victim does not file a complaint or withdraws the complaint.
However, cases of conscious negligence in which no complaint is required under Article 89/5 of the Turkish Penal Code must be assessed separately.
Is the Offence of Negligent Injury Subject to Mediation?
The source states that the offence of negligent injury is subject to reconciliation procedures.
The outcome of the reconciliation process may be important for the progress of the investigation or prosecution.
Therefore, the legal classification of the offence and applicable procedural provisions should be assessed together in the particular case.
What Is the Limitation Period for the Offence of Negligent Injury?
The source states that the limitation period for prosecution of the offence of negligent injury is eight years from the date on which the offence was committed.
In assessing limitation, procedural acts in the particular file and the legal classification of the offence should also be taken into account.
Which Court Has Jurisdiction Over a Negligent Injury Case?
The source states that negligent injury cases are tried before the criminal courts of first instance.
In determining territorial jurisdiction, the place where the incident occurred and the jurisdiction rules of criminal procedure should be considered.
Do the Provisions on Successive Offences Apply to Negligent Injury?
The source states that the provisions concerning successive offences do not apply to the offence of negligent injury.
Where more than one person is injured as a result of the same act, Article 89/4 of the Turkish Penal Code contains a specific provision.
Can Compensation Be Claimed Due to Negligent Injury?
Where negligent injury causes material or non-material damage to the victim, compensation claims may arise separately from criminal liability.
The source states that material and non-material compensation may be claimed particularly in negligent injury incidents resulting from traffic accidents, occupational accidents and acts of healthcare personnel, depending on the damage suffered by the victim.
Can a Person Injured in a Traffic Accident Claim Compensation?
The source states that a separate compensation action may be filed in negligent injury cases resulting from traffic accidents and that material and non-material compensation may be awarded in favour of the victim by taking the parties' fault into consideration.
Because criminal liability and liability for compensation are subject to different legal assessments, the particular incident must be separately examined in both areas.
How Is Fault Determined in a Negligent Injury Case?
The manner in which the incident occurred, the obligations of the parties and the applicable legislation are important in assessing fault.
The source states that particularly in incidents other than traffic accidents, such as electric shocks, elevator accidents, occupational accidents and domestic accidents, the relevant laws, regulations and circulars should be examined to determine whether these rules impose obligations on the parties.
Therefore, fault in negligent injury cases should not be assessed solely by looking at the consequence of the incident.
What Should Be Considered in the Defence Against a Negligent Injury Charge?
When preparing a defence against a negligent injury charge, the perpetrator's fault, the manner in which the incident occurred, applicable legislation, expert reports, the conduct of the parties and causation should be assessed together.
The source also emphasises the importance of examining circumstances favourable to the perpetrator and conducting a comprehensive review of the applicable legislation in determining the degree of fault.
Ümraniye Criminal Lawyer Assistance in the Offence of Negligent Injury
Negligent injury cases, particularly where they arise from a traffic accident, occupational accident or technical accident, may involve assessments of fault and technical legislation in addition to criminal law.
Legal assistance within the scope of an Ümraniye criminal lawyer may include reviewing the investigation file, assessing fault, examining expert reports, following complaint and reconciliation procedures, preparing the defence and conducting legal procedures during the prosecution stage.
From the victim's perspective, the complaint procedure, submission of evidence, assessment of reports concerning the nature of the injury and legal remedies for material and non-material damage arising from the incident may become relevant.
Conclusion
The offence of negligent injury is an offence regulated under Article 89 of the Turkish Penal Code that arises when a person causes injury to another person as a result of conduct contrary to the duty of care and attention.
In the legal assessment of the offence, the nature of the injury, the perpetrator's fault, the causal connection between the act and the consequence, whether the incident falls within ordinary negligence or conscious negligence and whether more than one person was injured are important.
The offence of negligent injury may arise in traffic accidents, occupational accidents, electric shocks, elevator accidents and other similar incidents. In each case, the duties of care and attention of the relevant persons and the applicable legislation must be separately examined.
Therefore, when assessing matters such as offence of negligent injury, conscious negligence, injury in a traffic accident, negligent injury in an occupational accident, Ümraniye criminal lawyer, Istanbul criminal lawyer and negligent injury lawyer, all circumstances of the incident, fault, evidence and applicable criminal law provisions should be considered together.