Aggravated crime due to the consequence

The fact that criminal responsibility is based on fault is one of the most important requirements of state of law. An indication of the respect for human rights and the assurance of human rights is that criminal liability will arise if and only if a person is at fault. For this reason, with the civilization of humanity and the development of criminal law, objective liability cases, which mean that a person can be punished regardless of whether he is at fault or not, have begun to be removed from the regulations. The Turkish Criminal Code numbered 5237 ("TCC") has taken a positive step in this direction and has linked the perpetrator to be held responsible for a more serious or other consequence as a result of deliberate action, at least on the level of negligence in terms of this result. In this study, the subject of Crimes Aggravated by the Consequence is discussed in the axis of TCC Article 23. By specifying the conditions of application of Article 23, the importance of determining the fault in terms of more serious or other consequences and applying a penal/criminal sanction in proportion to the fault is emphasized within this article.