Criminal Liability in Cases of Manslaughter and Injury Caused by Negligence Following a Traffic Accident (Turkish Penal Code Articles 85-89)

Types of Fault in Traffic Accidents: The Distinction Between Simple Negligence and Intentional Negligence

In criminal investigations initiated following fatal or injury-causing accidents on highways, the driver's culpability and the distinction between intent and negligence are fundamental factors determining the course of the case. In the Turkish Penal Code system, traffic accidents are generally considered negligent offenses. However, the manner in which the accident occurred, the severity of the rule violation, and the driver's behavior directly determine whether the act is considered simple negligence or conscious negligence . This distinction fundamentally alters the entire judicial process, from the suspect's arrest to the final prison sentence.

The Concept of Simple Negligence (Turkish Penal Code Article 22/2)

According to Article 22, paragraph 2 of the Turkish Penal Code, negligence is the occurrence of a consequence without foreseeing it, due to a breach of the duty of care and diligence.

• Violation of the Duty of Care and Attention: This refers to failure to comply with general rules imposed on drivers by the Highway Traffic Law, such as maintaining a safe following distance and driving at a speed appropriate to road and weather conditions.

• Unpredictable Outcome: The driver is unaware that they are violating a rule or that they may cause an accident; the accident occurs as a result of momentary inattention, distraction, or carelessness.

• Scope of Application: Causing harm to a person's bodily integrity through simple negligence constitutes negligent injury (Turkish Penal Code, Article 89) , while causing the death of one or more persons constitutes negligent homicide (Turkish Penal Code, Article 85) .

The Concept of Conscious Negligence and Aggravating Circumstances (Turkish Penal Code Article 22/3)

According to Article 22/3 of the Turkish Penal Code, conscious negligence exists when a consequence occurs despite the perpetrator not intending it. The driver foresees that the serious traffic violation he/she is committing may have a dangerous consequence; however, he/she continues his/her action relying on his/her driving experience, the technical equipment of his/her vehicle, or purely on chance.

According to established case law and judicial practice, the following situations are directly considered as traffic accidents caused by conscious negligence :

• Driving Under the Influence of Alcohol or Drugs: Causing a fatal accident or injury while driving under the influence of alcohol above the legal limit.

• Red Light and Right-of-Way Violation: Entering an intersection despite knowing the traffic lights are red and failing to stop, thus causing an accident.

• Excessive Speed and Dangerous Driving: Actions that intentionally endanger traffic safety, such as excessively exceeding speed limits in residential areas, weaving in and out of traffic, or drifting.

• Improper Overtaking in Restricted Areas: Overtaking on curves where visibility is limited, on hilltops, or on roads divided by continuous lines.

• Using a mobile phone while driving: Clearly risking an accident by engaging in distracting actions and losing control of the steering wheel.

The Influence of the Type of Offense on Punishment and Aggravating Consequences

If it is determined that an accident was caused by conscious negligence, this has the following consequences in terms of criminal liability:

• Increased Penalty: According to Article 22/3 of the Turkish Penal Code, the basic imprisonment sentence prescribed for simple negligence is increased by one-third to one-half .

• Alternative Sanctions and Prevention of Implementation: Favorable provisions such as conversion to a fine, suspension of sentence, or postponement of the announcement of the verdict (HAGB), which are applied in cases of simple negligence, are generally not applicable or are applied only to a very limited extent in cases of causing death through conscious negligence.

• Investigation and Arrest Measures: The determination of conscious negligence may constitute grounds for the direct arrest of the driver in the traffic accident, balancing the primary fault and penalties .

What does this mean?

If an accident is caused entirely by negligence or momentary carelessness, it's called "simple negligence." However, if you knowingly run a red light, exceed the speed limit, or drive under the influence of alcohol, thinking "I'm a good driver, nothing will happen," the law calls this "conscious negligence." In cases of conscious negligence, the judge accepts that you violated the rule despite being aware of the consequences and directly increases your penalty.

Legal Penalties for Negligent Injury and Negligent Homicide

The criminal liability of the perpetrator in cases of death and bodily harm resulting from a traffic accident is regulated in detail under the Turkish Penal Code No. 5237. The severity of the harm caused by the accident, the number of deaths or injuries, the degree of fault of the driver, and whether the incident was committed with conscious negligence directly determine the basic penalty to be imposed by the court.

The Crime and Punishment of Injury Caused by Negligence (Turkish Penal Code Article 89)

If a traffic accident results in harm to another person's bodily integrity, the provisions of Article 89 of the Turkish Penal Code regarding negligent injury shall apply.

• Basic Penalty: If the victim's injury is beyond the scope of basic medical intervention (BTM), the perpetrator shall be sentenced to imprisonment for 3 months to 1 year or a judicial fine .

• Aggravating Circumstances and Increased Penalty: If the injury results in the victim suffering a permanent impairment of the function of one of their senses or organs, a bone fracture or dislocation, permanent facial scarring, or life-threatening injuries, the penalty shall be increased by half .

• Aggravating Circumstances: In severe cases such as incurable illness, vegetative state, sensory/organ loss, or loss of speech ability, the penalty is increased by one-fold .

• Multiple Victims: If more than one person is injured in an accident, the minimum prison sentence will be set at 6 months to 3 years .

The Crime and Punishment of Manslaughter by Negligence (Turkish Penal Code Article 85)

In accidents resulting in loss of life on highways, prosecution is carried out under Article 85 of the Turkish Penal Code for negligent homicide , and the penalty for fatal traffic accidents is determined within the following limits:

• Death of a Single Person (Turkish Penal Code Article 85/1): If a person loses their life as a result of a traffic accident, the negligent driver shall be sentenced to imprisonment for a period of 2 to 6 years .

• Multiple Deaths or Deaths Contributing to Injury (Turkish Penal Code Article 85/2): If causing the death of more than one person , or if at least one person is injured in addition to the death of one person, the minimum sentence is increased to imprisonment from 2 to 15 years . Due to the severity of the crime, cases under this article fall under the jurisdiction of the High Criminal Court instead of the Magistrates' Criminal Court.

Alternative Sanctions: Judicial Fine, Suspended Sentence and Deferment

The enforceability of the prison sentence imposed on the defendant is assessed based on the defendant's criminal record, degree of culpability, and demeanor in court.

• Conversion to a Fine: In cases of crimes committed through simple negligence, it is possible to convert the prison sentence to a fine, regardless of its length. However, in cases of conscious negligence, only short prison sentences of one year or less can be converted to a fine.

• Suspension of the Announcement of the Verdict (HAGB): If the court sentences the defendant to imprisonment for two years or less, and the legal conditions are met, a HAGB decision may be issued in the case of a traffic accident . In this case, if the defendant completes the five-year probationary period without committing an intentional crime, the conviction becomes null and void.

• Suspension of Sentence: In cases of imprisonment of two years or less, the sentence may be waived and the defendant placed under probation ( sentence suspension for negligent homicide ).

• Sentence Execution and Imprisonment: In serious cases, such as causing the death of multiple people through conscious negligence, the sentence often exceeds two years, leading to direct imprisonment ( serving the sentence in jail ).

Revocation of Driving License (Turkish Penal Code Article 53/6)

If a driver is convicted for causing death or injury through negligence in a traffic accident, the court may order the driver's license to be revoked for a period ranging from 3 months to 3 years . The license can be returned after the sentence has been served and the court's decision becomes final.

What does this mean?

The law prescribes imprisonment for traffic accidents that result in injury or death. However, whether the sentence is converted to imprisonment depends on the number of deaths or injuries, the severity of the injuries (fractures, permanent damage, etc.), and whether there was conscious negligence. For first-time offenders who remain within certain penalty limits, the sentence may be converted to a fine or a suspended sentence may be applied; however, for serious violations, the process of going directly to prison begins, and the driver's license is revoked.

Investigation Phase: Detention, Arrest, and Fault Determination Process

When a fatal or injury-causing accident occurs, the Public Prosecutor's Office initiates an investigation ex officio. The stages of a traffic accident investigation by the prosecutor's office encompass a multifaceted legal process, from on-site investigation and collection of camera footage to forensic examination reports and taking the driver's statement. The legal measures to be applied at this stage, and whether or not the suspect will be arrested, are determined based on the concrete evidence gathered and assessments of technical negligence.

Judicial Measures: Detention, Arrest, and Judicial Control

Following an accident, law enforcement and the on-duty prosecutor may resort to various protective measures that restrict personal liberty:

• Detention Process: According to Article 91 of the Code of Criminal Procedure, the detention period following a traffic accident is, as a rule, a maximum of 24 hours from the moment of arrest. During this period, the driver undergoes alcohol/drug testing, a sketch of the accident scene is drawn, and the suspect's defense is taken in the presence of their lawyer, focusing on what to pay attention to when giving a statement after the accident .

• Referrals to the Magistrates' Court: After the questioning process is completed, the prosecutor's office may either release the suspect directly or refer them to the Magistrates' Court with a request for arrest or judicial control.

• Judicial Control Decision in Traffic Accident Cases: Instead of arresting the suspect, judicial control measures such as a travel ban abroad, obligation to sign in at the police station on certain days, or deposit of a specific bail amount may be applied.

• Arrest Requirements in Fatal Traffic Accidents: According to Article 100 of the Code of Criminal Procedure, an arrest warrant may be issued by a judge if there is concrete evidence demonstrating a strong suspicion of guilt (primary fault, high alcohol level, excessive speed, etc.), or if there is a suspicion of escape/concealment or the possibility of tampering with evidence.

Why are some suspects released while others are arrested?

The differences in legal measures frequently encountered in public opinion and media coverage stem from the unique dynamics of each accident:

• Fault and Severity: If primary fault is determined in a traffic accident, the likelihood of arrest increases, while suspects found to be secondarily at fault or blameless may be tried without being detained.

• Evidence of Deliberate Negligence: Indicators of deliberate negligence, such as running red lights, dangerous driving like drifting or cutting in front of other vehicles, or driving under the influence of alcohol with a high blood alcohol level, directly warrant arrest.

• Scene Conduct: Drivers who fail to assist the injured, call law enforcement, or flee the scene after an accident are subject to arrest on suspicion of evasion.

• Number of Victims and Severity of the Outcome: Arrest warrants are much more frequently used in cases where multiple people have died or sustained serious injuries.

The Role of Defect Detection and Reports

Determining the degree of fault forms the backbone of criminal proceedings in traffic accidents.

• Accident Report and Appeals: The accident report prepared by law enforcement officers arriving at the scene is the initial evidence, but it is not definitively binding. For reports that do not reflect the factual truth, an appeal must be filed within the legal time limit, observing the appeal period against the accident report .

• Expert Examinations: Mechanical/traffic experts appointed by the prosecutor's office or the court examine brake marks, speed measurements, visibility, and collision points to determine the distribution of fault.

• Forensic Medicine Traffic Expertise Report: In cases where conflicting expert reports exist, the file is sent to the Forensic Medicine Institute's Traffic Expertise Department, the highest technical authority. The report issued by this department has the final say in determining whether the judge will impose a prison sentence at the lower or upper limit, and in applying any sentence reductions.

What does this mean?

In the process initiated by the police and the prosecutor's office immediately after the accident, it is determined whether the driver will be sent directly to prison (detention) or tried outside of prison (judicial control/release). The most critical factor in this decision is the expert and forensic reports showing who was at fault and to what extent, as well as the degree to which the driver violated the rules.

Legal Representation and Defense of Rights in Traffic Accident Criminal Proceedings

Criminal proceedings following fatal or injury-causing traffic accidents involve more than just the interpretation of Turkish Penal Code provisions; they require the evaluation of a high level of technical, forensic, and mechanical data. Legal representation, from the initial stages of the investigation until a final judgment is rendered, is critically important both to prevent the driver, who is the suspect/defendant, from being wrongfully deprived of their liberty and to fully protect the rights of the victim/complainant to justice and compensation.

Requests for Collection of Evidence and Technical Examination

Uncovering the truth in traffic accident cases depends on securing the dynamic evidence at the accident scene without delay.

• Obtaining Camera Recordings: The collection of footage from the City Security Management System (KGYS/MOBESE), surrounding business security cameras, and in-vehicle cameras (dashcams) showing the moment of the accident, lighting conditions, speeding violations, and the maneuvers of the parties involved is urgently requested through the prosecutor's office.

• Brake Mark and Accident Scene Investigations: Sketches prepared by crime scene investigation teams, brake mark measurements, asphalt condition, weather conditions, and lighting deficiencies are examined to correct any missing findings that could negatively impact the case.

• Speed and Collision Analysis: Speed detection reports are prepared using scientific methods based on vehicle airbag control modules (EDR/black box), braking distances, and damage extent.

Appeal Processes Against Defect Reports and Minutes

Initial reports prepared by law enforcement are often incomplete or inaccurate due to the shock of the event. To prevent this, technical objection mechanisms are put in place.

• Objection to the Accident Report: Objections are raised to the accident report, which is prepared immediately after the accident and assigns primary or secondary fault to the parties, by providing concrete evidence and requesting a new on-site investigation and expert examination.

• Review of Expert Reports: Reports prepared by mechanical or traffic experts appointed by the court are reviewed within the framework of traffic regulations, right-of-way rules, and the laws of physics. In cases of incomplete or biased reviews, an additional report or a new expert panel is requested.

• Forensic Medicine Institute Examinations: In the presence of conflicting reports, the case is referred to the Traffic Expertise Department of the Forensic Medicine Institute to prepare a binding and definitive fault report based on technical arguments.

Trial Procedure, Defense and Legal Remedies

Criminal proceedings arising from traffic accidents are handled as either misdemeanor criminal cases or, in cases involving multiple deaths/injuries , aggravated criminal cases for causing death by negligence, depending on the nature of the crime.

• Statement and Interrogation Phase: During the statement process at the police station and prosecutor's office, the dynamics of how the accident occurred must be recorded in the report using technical terms and on the correct legal grounds.

• Appeal Against Detention and Judicial Control: If a detention order is issued against a suspect, appeals against the detention can be filed with the Magistrates' Court or the Criminal Court of First Instance on the grounds that there is no risk of escape, the suspect has a fixed residence, and the technical fault is not yet clear.

• Traffic Accident Defense Petition and Trial Process: After the lawsuit is filed, a reasoned traffic accident defense petition and expert opinions (expert witness opinions) are submitted to the court to formulate a defense aimed at obtaining a reduced sentence, suspended sentence, postponement, or acquittal for the defendant.

• Appeals and Supreme Court Review: Appeals against decisions made by local courts based on erroneous fault assessments or insufficient investigations can be filed with the Regional Court of Appeals (Appeals Court) and the Supreme Court within the legal time limits.

What does this mean?

Traffic accident criminal cases are not solely comprised of legal articles; they also include technical details such as braking distance, road conditions, traffic light timings, and speed. During the legal process, challenging erroneous reports, obtaining favorable camera footage, and meticulously following forensic medical examinations prevents unjust penalties and ensures that injustices are not left unaddressed.

Are you in a difficult situation?

Traffic accidents are complex processes involving technical investigations that have difficult-to-remedy criminal and legal consequences for both the victims and the relatives of those who died, as well as for the drivers involved. In a criminal case of a traffic accident resulting in injury, or in an investigation into negligent homicide , erroneous statements made by law enforcement or the prosecutor's office, technical errors in the accident report, incomplete collection of camera/brake mark evidence, or failure to object to expert reports within the legal timeframe can directly lead to restrictions on personal liberty and serious loss of rights.

Determining whether an incident was simple negligence or conscious negligence, establishing a balance of criminal responsibility in a traffic accident , reviewing fault ratios by the Forensic Medicine Institute, and simultaneously managing compensation processes related to the criminal case all require technical expertise.

From the risks of detention and arrest during the investigation phase to the legal proceedings in traffic accident courts or criminal courts, it is recommended that you seek the support of a traffic accident criminal lawyer and consultancy services to protect your rights and ensure the process proceeds in accordance with procedural rules.

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Frequently Asked Questions (FAQ)

In fatal traffic accidents, can a prison sentence be converted to a fine or suspended?

In cases where a person's death is caused by simple negligence, if the sentence is set at the lower limit (2 years) and the legal conditions are met, the sentence can be converted to a fine, suspended, or a conditional release can be applied. However, if more than one person dies, or if the sentence is more than 2 years due to conscious negligence or primary fault, then direct imprisonment becomes the primary consequence.

If a complaint is withdrawn in an accident, will the criminal case be dropped?

In cases of negligent injury, the case is dismissed if the complaint is withdrawn. However, if the injury is caused by conscious negligence or if death occurs (Turkish Penal Code Article 85), the crime is not subject to complaint, and the prosecutor's office continues the public prosecution even if the victim withdraws their complaint.

Does causing a fatal accident while driving under the influence of alcohol count as conscious negligence?

According to Supreme Court precedents, causing an accident while under the influence of alcohol or drugs above the legal limit is considered direct negligence. In this case, the basic penalty imposed on the driver is increased by one-third to one-half, and the possibility of converting it to a fine is eliminated.

In fatal traffic accidents, is the driver primarily at fault arrested?

An arrest warrant may be issued by the Magistrates' Court if there is concrete evidence indicating a strong suspicion of guilt (expert report identifying primary fault, alcohol consumption, speeding, red light violation) and a possibility of escape or tampering with evidence.