Dolus eventualis in Turkish-American law

Dolus eventualis is when the perpetrator, despite foreseeing that the material elements in the legal definition of the crime may occur due to his behavior, performs his behavior by accepting or being indifferent to their occurrence. In the Turkish Penal Code No. 5237, it is accepted that dolus eventualis and conscious negligence are differentiated in terms of the element of volition. However, in order to distinguish between dolus eventualis and conscious negligence, a fair criterion cannot be brought in a way to ensure legal security. The distinction in question is essentially an artificial distinction that does not conform to reality. In American criminal law, the concept of recklessness refers to situations where the perpetrator is aware of a substantial and unjustifiable risk, but disregards it. The risk disregarded in recklessness is such in degree and nature that the disregard of this risk must constitute a gross deviation from the standard of conduct that a law-abiding person in the actor's situation would have observe. In this way, a normative assessment of the perpetrator's conduct is made. Recklessness has a complex definition under the Model Penal Code. There are differences between American criminal law and Turkish criminal law in their approaches to what constitutes blameworthy behavior. Moreover, the concept of recklessness does not yet have a strong theoretical background. It would not be correct to bring this concept into Turkish criminal law in its current form. Dolus eventualis and conscious negligence should be evaluated together with the connection of a cognitive element.