{"id":5994,"date":"2021-07-26T09:00:00","date_gmt":"2021-07-26T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=5994"},"modified":"2021-08-18T21:21:02","modified_gmt":"2021-08-18T18:21:02","slug":"bilincli-taksir-nedir","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/bilincli-taksir-nedir\/","title":{"rendered":"What is conscious negligence?"},"content":{"rendered":"
\"Bilin\u00e7li
What is conscious negligence?<\/figcaption><\/figure><\/div>\n\n\n\n

What is Negligence? | Izmir Criminal Lawyer<\/strong><\/p>\n\n\n\n

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Mustafa Yolcu<\/span><\/strong><\/figcaption><\/figure>\n<\/div>\n\n\n\n
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Know<\/strong>\u00e7<\/strong>What is negligence?<\/strong><\/h2>\n\n\n\n

A crime occurs when the perpetrator intentionally (knowingly and willingly) commits the criminal act or through negligence. Conscious negligence, on the other hand, occurs when the perpetrator, despite not intending the foreseen outcome, acts by violating a rule or relying on factors such as chance or personal ability, resulting in the outcome.<\/p>\n<\/div>\n<\/div>\n\n\n\n

For example, a person who causes a death by overtaking on a road where overtaking is prohibited is punished for causing death through conscious negligence. This is because, although the perpetrator did not intend for the outcome to occur, they could foresee the result.<\/p>\n\n\n\n

Law No. 5237 Turkish Penal Code<\/a>\u2019According to the law, a crime is, as a rule, committed with "intent." Unless the law explicitly defines negligent acts as crimes, negligent acts cannot be considered crimes. For example, the crime of damaging property is a crime that can only be committed intentionally. A perpetrator who intentionally throws a stone at someone's car..., Turkish Penal Code <\/a>According to Article 151, the perpetrator is punishable for the crime of damaging property. However, even if a cigarette thrown out of a window without being extinguished enters a car through the window and causes a fire, the perpetrator cannot be punished because the crime of damaging property is not a crime that can be committed negligently. The perpetrator only incurs liability for damages under private law.<\/p>\n\n\n\n

Punishment for Crimes Committed Through Negligence<\/strong> Why?<\/strong><\/h2>\n\n\n\n

The text discusses the existence of conscious negligence when a consequence occurs despite the person not wanting it. In this case, the penalty for the negligent crime is increased by one-third to one-half. For example, if a sentence of 3 years imprisonment is imposed for negligent homicide, the sentence could increase to 4.5 years in cases of conscious negligence. This is because in cases of conscious negligence, the perpetrator can foresee the consequence and carries out the criminal act while accepting the risk of that consequence occurring.<\/p>\n\n\n\n

Here are some examples of crimes committed through conscious negligence:<\/strong><\/h3>\n\n\n\n

Alkoll\u00fc ara\u00e7 kullanarak trafik kazas\u0131 nedeniyle \u00f6l\u00fcme neden olma, k\u0131rm\u0131z\u0131 \u0131\u015f\u0131kta ge\u00e7erek bir ara\u00e7la \u00e7arp\u0131\u015farak \u00f6l\u00fcme neden olma, failin odas\u0131ndaki masa \u00fczerinde dolu bir tabanca b\u0131rakmas\u0131  herhangi bir ki\u015finin o tabanca ile yaralanabilece\u011fini \u00f6ng\u00f6rebilir durumda olmas\u0131, di\u011fer unsurlar\u0131n\u0131n da bulunmas\u0131 ko\u015fuluyla taksirin varl\u0131\u011f\u0131 i\u00e7in yeterlidir. K\u0131rm\u0131z\u0131 \u0131\u015f\u0131kta ge\u00e7en s\u00fcr\u00fcc\u00fcn\u00fcn sebep oldu\u011fu yaralanma neticesinden bilin\u00e7li taksirle sorumlu tutulabilmesi i\u00e7in, \u00f6rne\u011fin kalabal\u0131k yol durumunu ve trafik \u0131\u015f\u0131klar\u0131n\u0131 ya da kav\u015fa\u011fa giri\u015f yapmakta olan bir ba\u015fka arac\u0131 fark etmi\u015f olmas\u0131 ve dolay\u0131s\u0131yla zararl\u0131 bir neticenin meydana gelebilece\u011fini \u00f6ng\u00f6rm\u00fc\u015f olmas\u0131 gerekir.<\/p>\n\n\n\n

An important point to note regarding conscious negligence is that the issue of the perpetrator foreseeing the outcome should not be confused with the outcome being foreseeable. Foreseeing is an indication of a high risk, as it relates to a concrete situation. Therefore, for the harmful outcome to be considered foreseen, it is not sufficient for the perpetrator to be aware that they are generally engaging in dangerous behavior; they must have mentally visualized the concrete danger their behavior poses to a specific subject. For example, this is the case of a driver who does not slow down even though they see someone whose crossing is uncertain, or a driver who drives very fast in a narrow, crowded street; a driver who is aware that the rules of conduct dictate that they slow down, but believes they can prevent the potential harmful consequences through their abilities.<\/p>\n\n\n\n

Doctrine and <\/strong>Y<\/strong>Arg\u0131tay <\/strong>K<\/strong>among them <\/strong>G<\/strong>ore <\/strong>T<\/strong>axirin <\/strong>U<\/strong>elements <\/strong>\u015e<\/strong>They are;<\/strong><\/h3>\n\n\n\n