Master'sOpen Access

In practice offenses of injury and killing by negligence: Traffic accidents

2023
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Advisor: Dr. Öğr. Üyesi Selim Biçen

Abstract (EN)

The new Turkish Penal Law No. 5237 regulates the crime of injury by negligence, which is one of the national and international fundamental rights, under the title of "Offenses Against Body Immunity", and legally protects the immunity of the user's body. The definition of negligence in Article 22 of the TPL and simple and graphic negligence in the following paragraphs, as well as possible caste concepts in TPL 21/2. There are serious points about whether the cards, which are the causes of traffic accidents, are processed with negligence, which is a form of negligence, or with possible intent, which is a form of intent. In the repealed TCK No. 765, traffic accidents were generally explained with the defect rate, but in our judicial decisions, some of these acts are no longer included in the probable caste zone, which has an exceptional burden heavier than negligence. The reason for this is undoubtedly the emergence of traffic accidents that occur as a result of the excess chain of negligence caused by drivers and the resulting series in the number of deaths, causing a new, heavier degree of deterrence to be written. For this reason, the legislator has tried to increase the penalty and create a threat perception in order to keep what the accidents see, as well as providing deterrence by including traffic accidents from negligence to a degree of possible intent. It is important to make a clear distinction between the two concepts in order to impose a lawful punishment for death and injury caused by traffic accidents. According to official statistics, the high rate of traffic accidents and their consequences continue to be dangerous for both the state and society. The aim of the thesis is to reduce the confusion about negligent offense and possible caste in this offense, to teach in order to obtain a simpler and more understandable expression of the law, and to examine, discuss and offer solutions to the issues that are expressed incompletely in the guide.

Author

Dr. Mustafa Macit

How to Cite

Mustafa Macit (Master Thesis). In practice offenses of injury and killing by negligence: Traffic accidents, 2023, Kırşehir Ahi Evran University.

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