TRAFFIC CRIME AND PENALTIES

TRAFFIC CRIME AND PENALTIES

When examining traffic offenses , we can say that they include actions falling under the scope of the Turkish Penal Code, as well as situations requiring simple tactical penalties and administrative penalties. When examining these misdemeanor penalties, we can see that they include minor fines, minor imprisonment, revocation of the driver's license, etc., while administrative penalties include fines, revocation of the driver's license, penalty points, etc. Furthermore, we can say that some articles within the Turkish Penal Code also cover traffic offenses and therefore require severe penalties. Firstly, driving under the influence of excessive alcohol is punishable by severe penalties. This is evident from Article 179/3 of the Turkish Penal Code, which states: "The driver who, while under the influence of alcohol or drugs or for any other reason, is unable to safely operate and control a vehicle, shall be punished according to the above paragraph (with the penalty in Article 179/2)."

the Turkish Penal Code, "Anyone who, by altering, rendering unusable, removing, giving false signals, placing objects on, or interfering with the technical operating system of any sign placed to ensure the safe flow of land, sea, air, or rail transportation, endangers the life, health, or property of others shall be sentenced to imprisonment from one to six years." As understood from this provision, a traffic violation committed in this manner is also examined within the scope of the Turkish Penal Code and is of the Turkish Penal . Looking at Article 179/2 of the Turkish Penal Code, "Anyone who operates or manages land, sea, air, or rail transportation vehicles in a manner that may endanger the life, health, or property of individuals shall be punished with imprisonment from three months to two years." As understood from this provision, as a result of the occurrence of the situations mentioned in this provision, the driver in question will again be punished under the Turkish Penal Code, and therefore, the crime committed falls under the category of a serious offense.

in the Turkish Penal Code, if one of the parties is injured as a result of a traffic accident, this will lead to an investigation by the prosecutor's office and a public prosecution due to negligent injury. Article 89 of the Turkish Penal Code explains this situation as follows: "A person who negligently causes pain to another person's body or causes impairment of their health or sensory abilities shall be punished with imprisonment from 3 months to 1 year or a judicial fine." Within the scope of the Penal Code, the aggravated forms of the crime of negligent injury are defined in the second paragraph of the same article, in which case the penalty determined according to the first paragraph shall be increased by half, and in the third paragraph of the same article, if the negligent injury causes the victim to suffer from an incurable disease, enter a vegetative state, lose the function of one of their senses or organs, lose their ability to speak or procreate, suffer permanent facial disfigurement, or cause a miscarriage in a pregnant woman, the penalty determined according to the first paragraph shall be doubled. If a traffic accident results in multiple injuries, meaning the driver caused injuries to more than one person, the act of negligent injury will be punishable by imprisonment for six months to three years. Except for cases of conscious negligence, the investigation and prosecution of offenses falling under this provision are dependent on a complaint; however, if the victim withdraws their complaint, the investigation may be closed. Furthermore, it should be noted that the prosecution of the crime is dependent on a complaint, and therefore, there is a six-month period for filing a complaint regarding the incident.

Similarly, in trials following a traffic accident, if the victim's financial losses are compensated, this may be considered a mitigating factor by the court.

If a death occurs as a result of the traffic accident, the person will be prosecuted under Article 85 of the Turkish Penal Code, which concerns causing death through negligence. The situation will be examined within this framework, and if the circumstances are found to be such, the perpetrator will be punished accordingly. As can be seen, traffic offenses are not only subject to monetary fines; offenses listed in the Turkish Penal Code can also be committed. Therefore, traffic offenses should not be taken lightly. It should be remembered that if the situations mentioned above occur, serious consequences such as imprisonment under the Turkish Penal Code may arise. If you are involved in such an accident, seek advice from your lawyer.

If you were driving under the influence of alcohol and were involved in a traffic accident, you can contact us 24/7 via our contact number and receive information about the accident and possible actions from our senior lawyer, Attorney Ferhat Küle, who specializes in insurance-related cases. You can also contact your insurance company through our lawyer to submit your claims and questions.

HUSEYIN DOGAN