Reason for personal impunity and personal reason requiring a reduction in penalty in negligent offences

It has been determined that during the period of Turkish Penal Code No.765, in practice, in terms of negligence crimes, some special situations were encountered regarding the actions of relatives towards each other due to family relations, and in these cases, the law did not leave a margin of discretion to the practitioners. Before this determination, it was taken into account that practitioners made decisions that were against the law, but could only be described as concrete case justice. Considering this issue, we come across the Turkish Penal Code numbered 5237, paragraph 22/6, which was brought in line with both the doctrine and the demands of practitioners, taking into account the fact that people prefer to avoid consequences that their consciences cannot accept and the need for a law regarding regulation. As can be seen, the said paragraph, which appeared as a legal regulation in our law with the Turkish Penal Code No. 5237, contains the reason for personal impunity in cases of inadvertent negligence and personal reduction in punishment in cases of conscious negligence in terms of negligent crimes. In this case, the reflections of TCK paragraph 22/6 in doctrine and practice are important. Because the clause in question provides the opportunity to escape from a penalty when necessary, and can also be a reason for a reduction in the penalty when appropriate. For this reason, the aim of our study is to reveal the situations that constitute the application area of the legal regulation that came to light with the new criminal law and to reveal the controversial areas and the solutions brought in practice.