Processing of Litigation Timeout in Negligent Offenses
It has been discussed before when the statute of limitations for negligent crimes will start to run.
Those who state that the statute of limitations period should start to run after the result is realized.
There were also those who claimed that the movement should be taken as the basis. Now in negligent crimes
It should also be said that it is accepted that the general rule should be applied. Therefore, negligent crimes
If it is a crime, the statute of limitations period begins to be committed from the realization of the typical outcome.
will start. For example, driving above the speed limit can cause injury to a person.
If the injured person dies a few months after the injury, the statute of limitations applies.
will be from death.
The main problem in negligent crimes is that death events take many years, as in the case of buildings destroyed in an earthquake.
was due later. Supreme Court, Death as a result of the 1999 earthquake
In his assessment of the 2nd paragraph of Article 383 of the repealed TCK numbered 765,
that the collapsed building was processed as soon as it resulted in injury or death, thus causing injury or death.
that the moment of death is the date of the crime in the second paragraph, the statute of limitations for the case starts from this moment
that it should be calculated. However, the Court of Cassation may not consider the result of injury or death resulting from the act of the basic crime type in paragraph 2 due to the result.
instead of qualifying it as a serious crime, it accepted it as a qualified state. actually given
For example, it is related to the crime that is aggravated due to the result in negligent crimes.
