ENDANGERING TRAFFIC SAFETY

                            CRIME OF IMPORTATION

People need to use a means of transportation to get from one point to another. The use of transportation is crucial for people to reach their desired destinations more quickly. Especially considering both cost and environmental factors, there has been a significant increase in the use of public transportation in recent years. According to official data, there are approximately 25 million motor vehicles in our country. Considering our country's population and the number of registered motor vehicles, traffic problems are inevitable, especially in cities like Istanbul, which are relatively small in terms of area relative to their population. It would not be wrong to say that a large part of these problems are caused by endangering traffic safety and traffic accidents. In fact, it might be more accurate to say that traffic accidents occur as a result of endangering traffic safety. Because a person who endangers traffic safety can cause accidents with potentially fatal consequences by driving under the influence of alcohol, making dangerous overtaking maneuvers while driving, violating the duty of care and attention, etc. The crime of endangering traffic safety can be committed intentionally or negligently. Here, we will focus on the negligent aspect of this type of crime. However, before moving on to our main topic, we will provide some explanations regarding the emergence of this type of crime and how it can be prevented. This is because the primary purpose of penal sanctions is not to punish the individual or isolate them from society, but rather to enable the individual to live in harmony with society again.

The Emergence of the Crime of Endangering Traffic Safety: People develop a certain personality structure from birth, influenced by various factors. This personality is not the same for everyone, as what is right and wrong can vary from person to person. However, there are situations that are considered right by everyone, and situations that are considered wrong by everyone. One of these wrongs is endangering human life in traffic. This is strictly prohibited by law, and violations inevitably result in certain penalties. It would not be healthy to explain the underlying reasons for a person knowingly and willingly committing such behavior in a single way. Environmental factors from birth, the education received from parents, the person's psychological state, etc., may be one of these, or all of them may be present. To prevent this, parents have a very important role to play from the moment of birth, as they are the most important role models for an individual from birth to adulthood. An individual may also commit this type of crime due to reasons beyond their control, that is, unknowingly and unintentionally. We will focus on the case where this type of crime is committed unknowingly and unintentionally, that is, negligently.

The Crime of Negligently Endangering Traffic Safety: As we have stated, the crime of endangering traffic safety can be committed intentionally or negligently. The intentional commission of this crime is explicitly regulated in the first, second, and third paragraphs of Article 179 of the Turkish Penal Code (TCK). The crime of negligently endangering traffic safety, on the other hand, is explicitly regulated and sanctioned in Article 180 of the TCK, which states: "Whoever negligently causes a danger to a person's life, health, or property in sea, air, or rail transportation shall be sentenced to imprisonment from three months to three years." However, it is important to note that although we have stated that this crime can be committed intentionally or negligently, Article 180 of the TCK does not include road vehicles in the negligent commission of the crime. In short, while the crime of endangering traffic safety in road vehicles can be committed intentionally, there is no legal provision in the law regarding its negligent commission. This type of crime cannot be committed negligently. The Supreme Court of Appeals has issued reversal decisions that support the statements we have made. Below, we can provide an example of a Supreme Court of Appeals decision related to our topic.

Review of the Supreme Court Decision

SUPREME COURT OF APPEALS, 12TH CRIMINAL DIVISION Case No: 2013/16725 Decision No: 2014/8809 Date: 10.04.2014

• Article 180 of the Turkish Penal Code
• The Crime of Negligently Endangering Traffic Safety

The local public prosecutor appealed the conviction of the defendant for endangering traffic safety, and the case was examined and the necessary considerations were made:

According to the circumstances and the case file, the incident occurred when the defendant, while driving his car in a residential area during the daytime, crossed into the opposite lane to overtake the vehicle in front of him and collided with a vehicle coming from the opposite lane. The defendant's actions, however, are deemed to be solely due to entering the lane or road section used by oncoming traffic, violating Article 179/2 of the Turkish Penal Code No. 5237. It is understood that the act does not constitute the crime of endangering traffic safety as defined in Article 179 of the Turkish Penal Code No. 5237, since the crime of endangering traffic safety is defined in the second paragraph of this article as "driving or operating land, sea, air, and rail transportation vehicles in a manner that may endanger the lives, health, and property of individuals...", and that Article 180 of the same Law regulates the crime of negligently endangering traffic safety, and that road transportation vehicles are not included in this article. Therefore, the crime of endangering traffic safety, as regulated in Article 179 of the Turkish Penal Code No. 5237, is a crime that can only be committed intentionally, and for this crime to occur, the vehicle must be driven or operated in a manner that creates a danger to the lives, health, and property of individuals with intent or possible intent. Since the negligent form of the crime is not included in the Turkish Penal Code No. 5237, and if the conditions are met, the act can be evaluated within the scope of the Highway Traffic Law No. 2918, it is understood that as a result of the trial, the legal elements of the alleged crime are not present due to the lack of intent on the part of the defendant in the incident. The written conviction was issued without considering that an acquittal should have been granted on the grounds that the incident did not occur

Since the judgment is contrary to the law and the appeals of the local public prosecutor are deemed justified, it was unanimously decided on April 10, 2014, that the judgment should be overturned in accordance with Article 321 of Law No. 1412, which is still in effect pursuant to Article 8 of Law No. 5320, as requested.

FURKAN YILDIRIM