Deliberate Murder by Negligent Behavior
The crime of homicide by negligence is regulated in Article 83. In case of willful killing by negligence, it is an executive crime committed by negligence. In this case, a crime that can be committed by an executive act is committed with an act of negligence, but since the negligent act is equivalent to the executive act, the perpetrator is punished with the crime of willful homicide. The existence of one of the conditions listed below alone is sufficient for the perpetrator who caused death by a negligent act to be punished for the crime of willful homicide.
a- The person who caused the death by negligent act has a contractual responsibility but negligence contrary to it: For example, a doctor deliberately not stopping the bleeding that occurs during the operation or not giving water and food to an elderly woman who cannot take care of a caregiver for days.
b- The negligence of the person who caused the death by negligent act, in violation of a legal obligation: For example, if the mother leaves her 3-month-old baby alone at home and goes on a vacation lasting for days with her family and the baby dies of hunger, the penalty for the crime of willful homicide is that the mother violates her legal obligation. punished with
c- The person who caused the death by negligent act, negligence after the previous act created a dangerous situation for the life of others: For example, the person who was hit as a result of a traffic accident, escaped from the scene and caused the casualty to die of blood loss, even though he was alive.
In order for the perpetrator to be punished for murder by negligence, there must be no possibility of preventing the outcome. The perpetrator will be punished for this crime if he/she performs the negligent act that causes death while he/she can prevent the death outcome from occurring.
Punishment for willful murder by negligence (negligence of a certain obligation)
The basic penalty is 20 to 25 years of imprisonment instead of aggravated life imprisonment, from 15 to 20 years of imprisonment instead of life imprisonment, and to 10 years to 15 years in other cases. However, it is at the discretion of the court to make these penalty reductions. The occurrence of the court event, the intensity of the caste, etc. taking into account such reasons.
