The loss of a person’s life as a result of accidents, negligence or intentional actions that occur in daily life is evaluated in different ways in terms of criminal law. Such situations are examined under the title of “causing death” and are subject to legal sanctions by taking into account factors such as the perpetrator’s intent, negligence or carelessness. So, what is causing death and what are its legal consequences?
Legal Definition of Causing Death
Causing death means that a person causes the death of another person. In the Turkish Penal Code (TCK), this situation is addressed within the scope of different types of crimes:
Intentional Killing (TCK 81-82): When a person knowingly and willingly ends the life of another person.
Causing Death by Negligence (TCK 85): When a person loses their life due to factors such as carelessness, recklessness, lack of care.
Aggravated Crimes Due to Consequence (TCK 87): When an action that was initially carried out without the intention to kill causes the death of the victim.
Deliberate Killing and Penal Sanctions
According to the TCK, the penalty for the crime of deliberate killing is severe. This crime is committed knowingly with the intention of killing the victim and is punished with life imprisonment. If the crime:
was committed with a plan,
was committed with a monstrous feeling,
was committed against a child, disabled person or public official,
the penalty can be increased to aggravated life imprisonment.
Causing Death by Negligence
Causing death by negligence is when a person causes the death of another person as a result of their negligence, carelessness or failure to comply with the rules. The most common examples are traffic accidents, work accidents and doctor’s errors. According to Article 85 of the TCK, a person who causes death by negligence is punished with imprisonment from 2 to 6 years. If more than one person is killed or if there is gross negligence in the incident, the penalty can be increased.
Causing Death by Negligent Act
In some cases, even if it is not a direct action of the person, death may occur due to negligence. For example:
A doctor’s failure to provide the necessary medical intervention to his patient,
A worker’s death due to the employer’s failure to take work safety measures.
Such situations can also be considered within the scope of the crime of negligence and the perpetrator may be held responsible.
Legal Process of Causing Death
When an incident occurs that results in the death of a person, the legal process generally proceeds as follows:
Initiation of an Investigation: How the incident occurred, whether the perpetrator had intent or negligence, is investigated.
Forensic Medical Examination: Cause of death is determined.
Issuance of an Indictment: The prosecutor’s office decides which crime the perpetrator should be tried for.
Trial Process: The court evaluates the evidence and issues a sentence.
Appeal and Objection Rights: The defendant may object to the decision.
Causing death is a crime with serious penalties in terms of criminal law. While heavy penalties are applied to intentional homicide crimes, serious legal liabilities arise in cases of causing death by negligence. Each incident is evaluated according to its specific situation and the penalty is determined by taking into account factors such as the perpetrator’s intent and degree of negligence.
