The Crime Of Failure To Supervise Within The Framework Of Judicial And Administrative Justice Decisions

The crime of "Negligence of Supervision Duty" is defined in Article 251 of the Turkish Penal Code No. 5237. It is discussed in detail in the fourth part of the second book, which covers special provisions of the Law, under the title of "Crimes Against the Nation and the State and Final Provisions." Additionally, it is addressed under the title of "Crimes Against the Reliability and Functioning of the Public Administration" in the first part of this section. The public official in charge of inspections is fully aware of the embezzlement or extortion crimes being committed, yet intentionally neglects their duty to inspect and chooses to ignore the ongoing criminal activities. On the other hand, within the scope of the second paragraph, if the crime of embezzlement or extortion is committed only by the negligence of the public official who has to perform the inspection duty, it is also accepted that the public official is responsible for his deliberate action, but there is a seperation in knowing that the crime of embezzlement or extortion has been committed. Furthermore, it is important to note that the act in question, which is classified as a crime, can also be perpetrated by a public official. Therefore, it is crucial to take into account that this action may carry repercussions within the realm of Disciplinary Law. While the Turkish Penal Code does include a sanction for the negligence of inspection duty, there is a lack of specific regulations regarding which disciplinary penalties should be applied. The Civil Servants Law No. 657 provides a list of disciplinary penalties under the "Discipline" section in Chapter 7, as well as under the "Types of Disciplinary Penalties and Acts and Situations to be Punished" in Article 125.