Accidental homicide is a situation that causes great sorrow in society and can have complex legal consequences. Although it is not an intentional act, causing the death of a person can result in serious criminal sanctions. So, what is the penalty for accidental homicide? We will examine the answer to this question in detail within the framework of the law.
1. What is Accidental Homicide?
According to the Turkish Penal Code, accidental homicide is when a person causes the death of another person, but this is not an intentional act. The person who causes the accident usually causes someone’s death as a result of situations such as mistake, carelessness or negligence. The accident usually occurs as a result of an act that does not have the conscious intention to kill someone.
2. Accidental Homicide from a Criminal Law Perspective
In the Turkish Penal Code, the penalty for accidental homicide is considered as the crime of “reckless” (due to carelessness, imprudence or an unforeseen mistake). Reckless homicide is the lesser punishable form of the crime. However, the person is still criminally responsible for causing the death of another person.
2.1. Crime of Manslaughter by Negligence
According to Article 85 of the Turkish Penal Code, a person who commits the crime of manslaughter by negligence can be sentenced to imprisonment between 2 and 6 years. This sentence may vary depending on the degree of fault directly related to the person’s act.
2.2. Difference Between Intentional Act and Negligent Act
The most fundamental difference between accidental homicide and intentional homicide is the perpetrator’s intention. In intentional homicide, the person wants the death to occur. However, in an accident, the person does not want this and the death occurs completely by accident as a result of the act he committed.
3. Situations to be Considered in the Criminal Process
Criminal responsibility for the crime of manslaughter by negligence may vary depending on the concrete circumstances of the incident. The following factors play an important role in determining the sentence:
3.1. Degree of Fault
The fact that the perpetrator caused the accident through carelessness, recklessness or an unforeseen mistake may be effective in mitigating the penalty. However, the degree of this fault is an important element in determining the penalty. For example, a higher penalty may be given in an accident caused by a driver exceeding the speed limit.
3.2. Condition of the Victim
The condition of the person killed in the accident may also affect the penalty. For example, the penalty may be increased or decreased by taking into account the risk to the victim’s life.
3.3. Misconduct of the Perpetrator
The fact that the perpetrator ignored a situation in which he should have been careful or acted inexperienced before the accident occurred may be a factor that increases the penalty. The perpetrator’s faulty action constitutes an important factor in the occurrence of the accident resulting in death.
4. Mitigation of the Penalty in Cases of Negligent Manslaughter
In the Turkish Penal Code, the penal sanctions for the crime of negligent manslaughter may be mitigated under certain conditions. These conditions can be listed as follows:
Sincere remorse: If the perpetrator shows sincere remorse after the accident, the sentence can be reduced.
The effect of the incident on the victim: The perpetrator can benefit from a reduced sentence by presenting the effects of the accident on the victim as mitigating factors.
5. The Crime of Accidental Manslaughter and Insurance
In addition to the criminal aspect of the crime of accidental manslaughter, it can also lead to various responsibilities within the framework of insurance law. Especially in traffic accidents, the insurance of the vehicle owners may cover this situation. However, the compensation payments to be made by the insurance company do not affect the criminal liability of the perpetrator.
6.
Accidental manslaughter is a crime that can have serious consequences in terms of criminal law. However, the criminal liability for this crime may vary depending on the degree of fault of the perpetrator regarding his action, the concrete circumstances of the incident and the situation of the victim. If a person has caused the death of someone by accident, the most appropriate legal path would be to seek professional help from a lawyer.
