ERROR IN THE MATERIAL ELEMENTS OF THE CRIME

Errors in the Material Elements of the Crime: A Legal Review

1. Introduction

Criminal law requires the convergence of certain elements for a crime to occur. Among these elements, "material elements" (objective elements) hold a significant place. The material elements of a crime are considered the external manifestation of the act, and errors in these elements can directly affect the perpetrator's legal responsibility. This article will examine in detail the concept of error in the material elements of a crime, its impact on criminal responsibility, and the relevant legal framework.

2. Material Elements of the Crime

The material elements of a crime refer to the observable and tangible elements in the external world that are necessary for a crime to occur. These elements are:

• Act (Disposition): The action or behavior that constitutes a crime.
• Result (Outcome): The change that the action produces in the outside world.
• Causal Link: The relationship between an action and its consequences.
• Subject of the Crime: The person or property targeted by and on which the crime is committed.

An error in any of these elements can affect the perpetrator's intent to commit the crime.

3. The Concept of Error in the Material Elements of the Crime

Error in material elements occurs when the perpetrator has incorrect information about the specific circumstances of the act committed. When the perpetrator is mistaken about material elements such as the subject matter of the crime, its consequences, or the causal link, this can affect criminal liability. From a criminal law perspective, such an error can affect the perpetrator's intent and thus prevent the commission of the crime or lead to their being tried for a different type of crime.

4. Types of Errors in Material Elements

4.1. Error Regarding the Outcome

The perpetrator may not be able to accurately foresee the consequences of their actions. For example, if the perpetrator intends to wound the person they are shooting, but the person dies, there is an error regarding the outcome. In this case, since the perpetrator did not have the intent to kill, criminal liability can be assessed within the framework of the crime of wounding.

4.2. Error Regarding the Subject Matter of the Crime

Error regarding the subject matter of a crime occurs when the perpetrator incorrectly assesses which object or person the act is directed towards. For example, if a person takes someone else's property believing it to be their own, an error regarding the subject matter of the crime has occurred. In this case, the perpetrator's intent may be negated, and criminal liability may not arise.

4.3. Error Regarding the Causal Link

An error regarding the causal link occurs when the perpetrator incorrectly assesses the relationship between their action and the resulting consequence. For example, if a person believes that their action will result in only injury instead of death, but death does occur, the perpetrator's intent may be limited. This type of error can affect the perpetrator's criminal liability.

5. The Effect of Error in the Material Elements of the Crime on Criminal Liability

According to the Turkish Penal Code, an error regarding the material elements of a crime can negate the existence of intent. When the perpetrator is mistaken about the material elements of the crime, the element of intent may not be present, and therefore criminal liability may be eliminated. However, this does not mean that an error eliminates criminal liability in crimes committed through negligence.

For example, in cases where the perpetrator accidentally kills a person, they are not held responsible for intentional homicide because the element of intent is absent. However, the perpetrator may be held responsible for negligent homicide.

6. Errors in Material Elements in Judicial Decisions

The Turkish judicial system has developed various precedents regarding errors in material elements. These precedents serve as guidelines in assessing whether the perpetrator had intent in the specific case and whether their mistake was reasonable.

For example, in one Supreme Court decision, it was ruled that in a case where the perpetrator accidentally shot a person while hunting, the perpetrator lacked intent and should be held responsible for manslaughter by negligence.

7. Conclusion

Error regarding the material elements of a crime is a significant factor in criminal law that directly affects the perpetrator's intent and, consequently, their criminal responsibility. Such errors can prevent the commission of the crime or lead to the perpetrator being held responsible for a different crime. In legal assessment, it is essential to consider whether the perpetrator's error regarding the material elements of the crime was reasonable and to reach a fair conclusion based on the circumstances of the case.

In conclusion, the issue of error in the material elements of a crime is a matter that must be carefully considered in criminal law, and the intent and error of the perpetrator must be accurately determined in each specific case. The evaluation of such errors constitutes an important part of the legal system as a requirement of the principle of fair trial.