
You can read about the crimes related to these recent tragic fires or incidents involving deliberate endangerment in our country and get a preview.
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What is the Crime of Deliberately Endangering Public Safety? It is defined in the Turkish Penal Code as follows:
“Causing danger to the life, health, or property of people in a dangerous manner or in a manner that could cause fear, anxiety, or panic among people; A) Causing a fire, B) Causing a building collapse, landslide, avalanche, flood, or inundation, C) Firing a weapon or using explosives is punishable.
A person who causes a fire, building collapse, landslide, avalanche, flood, or inundation shall be punished.”
This is protected by the crime of Intentionally Endangering Public Safety, which prevents the comprehensive endangerment of persons and legally valuable property. Therefore, the crime of Intentionally Endangering Public Safety is regulated in the “Crimes Creating General Danger” section of the Turkish Penal Code. As can be understood from the text of the crime provision, it is a crime of voluntary action. The optional actions of this crime include fire, building collapse, landslide, avalanche, flood or inundation, firing a weapon, or using explosives. Th e criminality of these actions depends on the occurrence of a concrete danger. The crime also has a second paragraph. This paragraph also covers crimes of abstract danger.
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What is the Crime of Endangering Public Safety through Negligence? It is defined in the Turkish Penal Code as follows.
“As a result of negligence; a) Fire, b) Building collapse, landslide, avalanche, flood or inundation, if the act is dangerous to the life, health or property of others, the person who caused the act shall be punished.”
3- Punishment for Intentionally Endangering Public Safety
A person who, in a manner dangerous to the life, health, or property of others, or in a manner likely to cause fear, anxiety, or panic among people; a) causes a fire, b) causes a building collapse, landslide, avalanche, flood, or inundation, c) fires a weapon or uses explosive substances, shall be punished with imprisonment from six months to three years. (TCK 170/1) A person who causes a fire,
building collapse, landslide, avalanche, flood, or inundation shall be punished with imprisonment from three months to one year or a fine. (TCK 170/2)
4- Penalty for Endangering Public Safety through Negligence
Negligence resulting in: a) Fire, b) Building collapse, landslide, avalanche, flood, or inundation. If the act is dangerous to the life, health, or property of others, the person responsible for the act shall be punished with imprisonment for a term of three months to one year. (TCK 171)
5- Can Crimes of Intentionally or Negligently Endangering Public Safety Be Subject to Complaint?
No… Crimes of intentionally or negligently endangering public safety
are not subject to complaint. These crimes are investigated ex officio by the public prosecutor’s office.
6- There is no statute of limitations for crimes involving the intentional or negligent endangerment of public safety!!!
Thank you for reading. I know we will help each other during these difficult times. I wish everyone a healthy and safe day.
