The criminal responsibility of employer arising from occupational accidents in Turkish Law

The real use of right and freedom of work depends on the provision of occupational health and safety. One of the biggest obstacles to working in a healthy and safe environment and improving the individual's identity is the occupational accident. Following the Industrial Revolution, increasing occupational accidents due to the changes in the production processes, the tragic developments in the public opinion of our country have recently come to the fore. Occupational health and safety precautions must be taken as necessary to prevent the formation of occupational accidents. In Turkish legislation, the employer has the obligation to take various measures regarding occupational health and safety. The legal, administrative and criminal liability of the employer who causes work accidents by contradicting his occupational health and safety obligations will come into the agenda. Criminal liability; it depends on the principle of fault and personal liability, the sanction it contains, the way in which it is handled, and the consequences thereof. The birth of criminal responsibility also depends on the existence of the essential elements of the crime. It is possible for the employer to commit acts of voluntary manslaughter (felonious homicide), felonious injury, negligent homicide and negligent injury. The criminal responsibility of the employer is determined by the criminal proceedings of the investigation and prosecution phases. In order to prevent occupational accidents, the concept of occupational health and safety must be internalized in social culture.