The Crime and Punishment of Manslaughter by Negligence

Manslaughter by negligence is defined as a person ending someone's life through negligent conduct that violates their duty of care and diligence, without foreseeing the foreseeable consequences. In consciously negligent homicide, the possibility of death is foreseen, but the act is committed relying on chance or skill. The crime of causing death by negligence is found in Article 85 of the Turkish Penal Code, under the section titled 'Crimes Against Life'.

 

Statute of Limitations for Filing a Complaint Regarding the Crime of Manslaughter by Negligence

In the crime of negligent homicide, the prosecution does not require a complaint from the victim or their relatives. Upon learning of such a crime, the prosecutor's office initiates an investigation and files a public lawsuit. The statute of limitations for negligent homicide under the Turkish Penal Code is 15 years. This means that if the prosecutor's office learns of a negligent homicide within 15 years of the incident, they can initiate an investigation.

 

The competent court within the scope of the crime of causing death through negligence or conscious negligence

In cases of negligent homicide, regardless of whether the act was committed through simple negligence or conscious negligence, the competent court is the criminal court of first instance if it results in the death of a person. However, if the negligent act results in at least one death and at least one injury, or two deaths, the jurisdiction to try the negligent crime belongs to the high criminal court.

 

Crime by Negligence and Elements of Negligence

Negligent crime is the failure to exercise due care and attention in foreseeing and preventing a foreseeable and preventable outcome. To elaborate on the elements of negligent crime:

• The crime involves an act that could have been committed negligently,
• Violation of the duty of care and diligence,
• The action must be performed knowingly and willingly
• The outcome being predictable,
• The outcome is not desired intentionally
• A causal relationship must exist between the action and the result.

The Crime and Punishment of Manslaughter by Negligence or Deliberate Negligence

The penalty for negligent homicide is determined according to Article 85 of the Turkish Penal Code. The punishment for negligent homicide ranges from 2 to 6 years of imprisonment. However, if the negligent homicide results in the death of multiple people, or the death of one or more people, or the injury of one or more people along with death, the penalty is more severe, and the imprisonment can be increased from 2 to 15 years.

The punishment for the crime of manslaughter through conscious negligence is determined by increasing the penalty specified in the aforementioned article by a ratio ranging from one-third to one-half.

 

Suspension of the Announcement of the Verdict in the Case of Manslaughter by Negligence,

In cases of negligent homicide, the postponement of the announcement of the verdict is not possible due to the severity of the punishment. However, if the sentence for negligent homicide is 2 years or less, the postponement of the announcement of the verdict is possible.

 

Converting the Sentence for Manslaughter by Negligence to a Fine

Regardless of the severity of the sentence imposed in a trial for negligent homicide—even if the perpetrator is sentenced to 10 years—this sentence can be converted to a fine if certain conditions are met.

 

The Crime of Manslaughter by Negligence in Light of Court Decisions

“…The defendant was deeply distressed by the ongoing quarrels between his daughter and son-in-law. One day, he contemplated suicide and came to the living room with a gun he found in the bedroom. He reportedly told his daughter and son-in-law, “I’m fed up with your behavior, I just want to die and be free,” and held the gun to his chest. His daughter and son-in-law intervened, attempting to take the gun from him. During this intervention, the defendant accidentally touched the trigger, causing the gun to fire in one shot, hitting Arzu in the left side of her chest…”

“…This incident was a sudden development; there was no reason for the defendant and Arzu to justify this incident; furthermore, the defendant presented a consistent defense regarding Arzu. Given that there is no evidence in the file that he intended to kill Arzu, and that there is suspicion that the defendant intended to kill intentionally, and that this suspicion should be in the defendant's favor, it is necessarily accepted that the defendant should be punished for negligent homicide…”  (Criminal General Assembly 2014/191 E 2014/363 K.)

Student Intern Suat TAŞ