Accidental homicide is one of the crimes that has a very important place in the Turkish Penal Code (TCK). However, whether the act that causes a person’s death is intentional or accidental plays a major role in determining legal liability. So, what is accidental homicide and how is the penalty for this crime determined? In this article, we will discuss the subject in detail.
What is Accidental Homicide?
Accidental homicide is the act of committing an act that will lead to the death of a person without the intention of killing them. This is an incident where someone does not intentionally try to kill, but causes death due to carelessness, negligence or another reason.
According to the Turkish Penal Code, the legal consequences of such acts that cause a person’s death are generally considered as crimes committed “by negligence”. “Negligence” is the situation where a person cannot foresee the outcome of their behavior or does not show the necessary care.
Legal Regulations Regarding Accidental Homicide
Article 85 of the Turkish Penal Code regulates the crime of accidental homicide under the title of “Murder by Negligence”. According to this article, a person who commits a crime by negligence can be sentenced to imprisonment from 2 to 6 years. However, the person’s intent in committing the crime and the factors that caused the incident are of great importance in determining the penalty.
How is the Penalty for Accidental Homicide Determined?
When the crime of accidental homicide is committed, there are certain factors that need to be taken into consideration in determining the penalty. These are:
The Nature of the Act Causing Death: Whether the act was committed as a result of carelessness or negligence or as a result of a more dangerous behavior such as excessive speed or alcohol use is taken into consideration.
The Condition of the Perpetrator: The mental state of the perpetrator, how careful he/she should have been while committing the act and how he/she showed the negligence may be effective in determining the penalty.
The Condition of the Victim: The condition of the victim should also be taken into consideration. In particular, in cases where more care must be taken for the victim’s life, the perpetrator’s punishment may be more severe.
Apology or Compensation: The perpetrator’s remedial behaviors such as paying compensation and apologizing to the victim may also be effective in reducing the punishment.
Previous Crimes of the Perpetrator: Whether the perpetrator has a criminal record and whether he has committed a similar crime before may have an effect on the punishment.
Differences Between Manslaughter by Negligence and Intentional Manslaughter
There are important differences between manslaughter by negligence and intentional manslaughter. Intentional manslaughter is an act in which the perpetrator directly intends to kill. This is regulated in Article 81 of the Turkish Penal Code, and the penalties are more severe (life imprisonment or aggravated life imprisonment).
Inadvertent manslaughter is when the perpetrator causes a death due to negligent behavior without intending to kill. Therefore, there is a difference between the punishment for the crime of intentional manslaughter and the punishment for the crime of involuntary manslaughter.
Mitigation or Aggravation of the Sentence
In the crime of accidental homicide, penalties can be mitigated or aggravated by taking into account the condition of the perpetrator and the nature of the act. The penalty can be mitigated in the following cases:
The perpetrator shows remorse and pays compensation to the victim
The perpetrator does not commit any intentional crime
The incident is an accident without malicious intent
Aggravating factors can be:
The perpetrator causes death due to carelessness or negligence
The perpetrator commits the act under the influence of alcohol or drugs
The perpetrator causes death in a pre-planned manner, despite the obligation to be careful
Accidental homicide is generally regulated in the Turkish Penal Code as a crime committed through carelessness or negligence. When such a crime is committed, the perpetrator’s penalty is usually imprisonment between 2 and 6 years. However, the perpetrator’s behavior, the nature of the act that caused the death and the condition of the victim play an important role in mitigating or aggravating the penalty.
