What Is the Offense of Causing Death by Negligence? Elements, Penalties and Legal Process
The offense of causing death by negligence is regulated under Article 85 of the Turkish Penal Code. It arises where a person causes another person's death through a breach of the required duty of care without intending the death to occur.
The distinction between ordinary negligence, conscious negligence and probable intent can significantly affect the legal classification and consequences of the case.
What Is a Criminal Defense Lawyer?
A criminal defense lawyer provides legal assistance and representation during criminal investigations and prosecutions involving matters such as:
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Causing death by negligence,
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Intentional homicide,
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Traffic-related criminal cases,
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Conscious negligence,
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Assault offenses,
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Serious criminal proceedings.
What Is Causing Death by Negligence?
Negligence involves a failure to foresee a legally defined consequence because of a breach of the required duty of care.
In causing death by negligence, the offender does not intend the victim's death. However, the death occurs as a consequence of the offender's negligent conduct.
Elements of Negligence
According to the uploaded source, the recognised elements include:
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The offense must be capable of being committed negligently,
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The conduct must be voluntary,
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The result must not be intended,
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A causal connection must exist between the conduct and result,
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The foreseeable result must not have been foreseen.
What Is the Penalty?
Under Article 85, causing the death of one person by negligence is punishable by two to six years' imprisonment.
Where the conduct causes the death of more than one person, or the death of one or more persons together with injury to one or more other persons, the applicable imprisonment range is two to fifteen years.
What Is Ordinary Negligence?
In ordinary negligence, the offender fails to foresee a consequence that was objectively foreseeable.
The offender does not desire the result and does not actually foresee that it will occur.
What Is Conscious Negligence?
Conscious negligence exists where the offender foresees the possible result but does not want it to occur.
According to the uploaded source, where conscious negligence exists, the penalty for the negligent offense is increased by one-third to one-half.
Conscious Negligence vs. Probable Intent
This distinction is particularly important in cases involving death.
According to the source, in conscious negligence, the offender foresees the result but hopes or expects that it will not occur.
In probable intent, the offender foresees the result and accepts or takes the risk of its occurrence.
Traffic Accidents
Fatal traffic accidents may give rise to proceedings for causing death by negligence.
The source includes Court of Cassation decisions demonstrating that the driver's conduct and whether the result was actually foreseen may determine whether the case involves ordinary or conscious negligence.
Is Attempt Possible?
No.
According to the uploaded source, attempt provisions cannot apply to negligent offenses because liability depends on the occurrence of the prohibited result. Therefore, there can be no attempted causing of death by negligence.
Is Participation Possible?
The source states that participation provisions do not apply to negligent offenses. Each offender is responsible according to their own negligent conduct and degree of fault.
Does Unjust Provocation Apply?
No.
Because causing death by negligence does not contain an element of intent, the source states that unjust provocation provisions do not apply.
Can Imprisonment Be Converted to a Judicial Fine?
According to the uploaded source, imprisonment imposed for a negligent offense may, where the other legal requirements are satisfied, be converted into a judicial fine even if it is long-term.
The source states, however, that this possibility does not apply where the offense was committed through conscious negligence.
Limitation Period
The uploaded source states that the ordinary prosecution limitation period for causing death by negligence is 15 years.
Which Court Has Jurisdiction?
According to the uploaded source, where the offense concerns the death of one person under Article 85/1, the competent court is the Criminal Court of First Instance.
Where the conduct causes multiple deaths or death together with injuries, the source states that the Criminal Court of Assize has jurisdiction, subject to the particular qualification noted in the source concerning complaints by injured persons.
Why Is Fault Important?
The source expressly states that punishment for negligent offenses is determined according to the offender's degree of fault.
This makes the assessment of the duty of care, causal connection and individual conduct particularly important in traffic accidents and other cases involving several potentially responsible persons.
Conclusion
Causing death by negligence is regulated under Article 85 of the Turkish Penal Code. It occurs where a person causes another person's death through a breach of the required duty of care without intending the fatal result.
The distinction between ordinary negligence, conscious negligence and probable intent is particularly important. In ordinary negligence the foreseeable result is not foreseen; in conscious negligence it is foreseen but expected not to occur; and in probable intent the result is foreseen and accepted.
According to the uploaded source, the offense carries imprisonment of two to six years in its basic form, while cases involving multiple deaths or death together with injury may carry imprisonment of two to fifteen years.