(1) A person who cannot perceive the legal meaning and consequences of the act he has committed, or whose ability to direct his behavior in relation to this act has significantly decreased, due to a temporary reason or under the influence of alcohol or drugs involuntarily, will not be punished.
(2) The provision of the first paragraph shall not apply to a person who commits a crime under the influence of voluntarily consumed alcohol or drugs.
Temporary reasons or being under the influence of alcohol or drugs; These are states that do not show continuity like mental health and do not reach this level, but only temporarily affect the person’s ability to perceive and direct their behavior. It is not necessary for these reasons to be pathological (diseased).
In order to be considered a fault, the person must have the ability to perceive the legal meaning and consequences of his behavior or to direct his behavior. However, the person may be unconsciously or unconsciously influenced by something that affects his ability to perceive and direct his behavior. In such cases, the legislator has accepted that the ability of the perpetrator to be at fault disappears if the conditions are present.
A person who cannot perceive the legal meaning and consequences of the action he has committed, or who has significantly lost the ability to direct his behavior in relation to this action, due to a temporary reason or under the influence of alcohol or drugs taken involuntarily, will not be punished. Committing a crime for a temporary reason or under the influence of alcohol or drugs taken involuntarily is a reason for personal impunity. Security measures are taken for these people.
Temporary Causes
The important point is that the person’s mental state temporarily eliminates or significantly reduces his ability to perceive or direct his behavior. For example, a person working in a facility where chemical substances are produced may have temporarily lost his ability to perceive and willpower by being affected by the smell of chemical substances. In such a case, it cannot be said that there is a fault capability. Likewise, physical and mental conditions such as drowsiness, febrile illness, poisoning, and epileptic seizures may also eliminate the possibility of fault.
