Negligence Regarding Safety in Traffic and Workplaces: The Offence of Failing to Install Signs and Barriers

1. Introduction

Traffic safety, occupational health and safety, and the protection of public order are among the most fundamental priorities of modern societies. To ensure these priorities, all risks that could endanger people's lives must be identified in advance and the necessary precautions taken. Article 174 of the Turkish Penal Codeis a special provision established for this purpose.

Article 174 of the Turkish Penal Code, which regulates the "Crime of Failure to Place Signs and Barriers," stipulates that those responsible for failing to place legally required signs or barriers shall be punished. This crime is often committed as a result of carelessness or negligence, but its consequences can lead to serious outcomes such as death or injury.

2. Legal Basis – Turkish Penal Code Article 174

174 of the Turkish Penal Code essentially states:
"If a person fails to place signs or barriers that are required by law or by competent authorities, that person shall be punished."

The legal values protected by this regulation are:

Human life and bodily integrity
Property security
Public order and security

3. Elements of the Crime

3.1. Fail

The perpetrator of this crime is the person who has the obligation to place a sign or barrier. The perpetrator is:

Public official (municipal employee, road maintenance crew, traffic police)
Private sector employee (site manager, road maintenance company supervisor)
a business owner or employer .

3.2. Victim

The entire society, or the individuals directly affected by this deficiency, are victims.

3.3. Material Element

Failure to place any sign or barrier as required by law or by the competent authority,
Incomplete or incorrect placement of signs,
Existing signs are not being replaced in a timely manner or are being left neglected.

3.4. Spiritual Element

usually negligence (carelessness, inattention). However, conscious negligence or direct intent are also possible.

4. The ECHR Perspective

The European Court of Human Rights states that deaths or injuries resulting from a lack of safety measures the right to life (Article 2 of the ECHR) and the right to a fair trial (Article 6) .

Öneryıldız / Turkey (2004) decision, following the death of numerous people in an explosion at a landfill in Istanbul, the ECHR found that the failure to take necessary safety precautions violated the state's positive obligations. This approach serves as an important guideline for the crime under Article 174 of the Turkish Penal Code, in terms of the responsibility of the state and those liable.

5. Examples of Supreme Court Decisions

The 12th Criminal Chamber of the Court of Cassation, Case No. 2019/10586 E., Decision No. 2017/287 K.
, ruled that municipal officials responsible for ensuring safety in a construction site were held liable for injuries resulting from the failure to install necessary safety barriers and warning signs.
The 4th Criminal Chamber of the Court of Cassation, in case number 2014/26554 E., 2016/2134 K.,
upheld the sentences given to those responsible for a chain-reaction traffic accident that occurred due to the failure to place necessary signs during road maintenance.
The 11th Criminal Chamber of the Court of Cassation, in case number 2018/4521 E., 2019/7319 K.
, ruled that the construction site manager was primarily at fault in a case where a child fell and was injured due to the lack of a barrier around an open pit at the construction site.

6. Problems Faced Today

Lack of Construction Site Safety: Many construction sites lack warning signs or have no warning signs at all.
Road Repair Works: Road maintenance crews failing to provide adequate lighting and signage while working at night.
Post-Natural Disaster Safety: Failure to mark hazardous areas after earthquakes, floods, and landslides.
Negligence in Rural Areas: Lack of safety barriers around culverts, bridges, and deep pits.

7. Criminal Consequences

According to Article 174 of the Turkish Penal Code, the penalty for failing to place signs and barriers imprisonment for 3 months to 1 year or a judicial fine.
If these omissions result in death or injury, the provisions for negligent injury or negligent homicide also apply (Articles 85, 89 of the Turkish Penal Code).

8. Prevention and Good Practice Examples

Municipality and Highways Directorate Cooperation: Regular checks and inspections.
Construction Site Safety Training: Employers instilling a safety culture in their workers.
Technological measures: LED warning signs, sensor-equipped barriers.

9. Conclusion

The crime of failing to place signs and barriers, while seemingly a minor oversight, poses a significant risk to human life. As seen in Supreme Court rulings, this negligence can lead to liability for both public officials and private sector authorities. The jurisprudence of the European Court of Human Rights also consistently reminds the state of its obligation to take safety precautions.

It is a moral obligation, as well as a legal responsibility, for public authorities, employers, and every individual in society to be sensitive to this issue.

ECHR case law, criminal law, failure to place a barrier, safety measures, occupational safety, crime of failure to place a sign, Public Official Liability, Turkish Penal Code Article 174, Traffic Safety, Supreme Court decisions

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