{"id":13042,"date":"2025-02-25T16:00:34","date_gmt":"2025-02-25T13:00:34","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=13042"},"modified":"2025-02-21T18:20:45","modified_gmt":"2025-02-21T15:20:45","slug":"taksirle-olume-neden-olma-kac-yil-yatar","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/taksirle-olume-neden-olma-kac-yil-yatar\/","title":{"rendered":"How many years are there in prison for causing death by negligence?"},"content":{"rendered":"Causing death by negligence is the situation where a person causes the death of another person unintentionally, as a result of negligence or recklessness. This crime, regulated in Article 85 of the Turkish Penal Code, covers deaths that occur as a result of an act committed by the person without direct intent. So, what is the penalty for this crime? In which cases is the penalty increased or decreased? Here are the details…<\/p>\n

<\/strong><\/p>\n

The Crime of Causing Death by Negligence and Its Penalty<\/p>\n

Article 85 of the Turkish Penal Code (TCK) regulates causing death by negligence as follows:<\/p>\n

TCK Article 85\/1: A person who causes the death of a person by negligence is punished with imprisonment from 2 to 6 years.<\/p>\n

TCK Article 85\/2: If this act causes the death of more than one person or causes the death of more than one person and injuries, a prison sentence of 3 to 15 years is imposed.<\/p>\n

As can be understood from this article, the amount of the penalty varies according to the severity and consequences of the incident.<\/p>\n

Reasons That Increase and Reduce the Penalty<\/p>\n

Some situations may increase or decrease the penalty for the crime of causing death by negligence:<\/p>\n

Reasons That Increase the Penalty:
\nConscious Negligence: If the perpetrator acted with knowledge of the possibility of a foreseeable danger occurring and death occurs, the penalty is increased by half.
\nDeath or Injury of More Than One Person: If more than one person loses their life or is seriously injured in an incident, the penalty may be increased from 3 to 15 years.
\nPersons Who Have a Duty of Care Due to Their Profession or Duty: If professional groups such as doctors, engineers, and occupational safety specialists cause death due to their professional negligence, the penalty may be more severe.
\nReasons That Reduce the Penalty:
\nExtraordinary Circumstances: If the crime was committed under the influence of an unexpected and uncontrollable event, the court may reduce the penalty.
\nLow Fault of the Perpetrator: If the perpetrator’s fault is at a low level, the penalty may be given at the lowest limit.
\nVictim’s Relatives’ Withdrawal of Complaint: The relatives of the deceased person’s withdrawal of complaint may have a mitigating effect on the penalty.
\nSample Cases and Applications
\nCausing Death by Negligence in Traffic Accidents: If a drunk or speeding driver causes a person’s death by causing an accident, conscious negligence may be applied and the penalty is increased.
\nCausing Death by Negligence in Work Accidents: In deaths that occur as a result of failure to take work safety measures, the employer or responsible persons may be penalized.
\nCausing Death by Negligence in Medical Interventions: In cases where the patient loses his life as a result of the negligence of doctors, a lawsuit may be filed under the crime of causing death by negligence.
\nEvaluation<\/p>\n

The amount of penalty in the crime of causing death by negligence varies according to the manner in which the incident occurred, the fault of the perpetrator and the consequences of death. While the penalty increases in the case of conscious negligence, a penalty reduction may also be possible due to certain mitigating factors. In such cases, it is very important to get legal support both to protect the rights of the victims’ relatives and to ensure that the perpetrator receives a fair trial.","protected":false},"excerpt":{"rendered":"

Causing death by negligence is the situation where a person causes the death of another person unintentionally, as a result of negligence or recklessness. This crime, regulated in Article 85 of the Turkish Penal Code, covers deaths that occur as a result of an act committed by the person without direct intent. So, what is […]<\/p>\n","protected":false},"author":12,"featured_media":12680,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-13042","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/13042","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=13042"}],"version-history":[{"count":3,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/13042\/revisions"}],"predecessor-version":[{"id":13075,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/13042\/revisions\/13075"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/12680"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=13042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=13042"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=13042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}