During winter months, it is mandatory for some vehicles to have winter tires installed or chains wrapped around their tires due to icing. The purpose is to prevent the vehicle from skidding due to icing and to prevent potential loss of life and property. Failure to comply with this rule is subject to penalties. If a person fails to comply with this mandatory rule and causes harm to others as a result, this is considered negligence. In the present case, it is seen that winter tires were not fitted to the vehicle as required, and as a result, a pedestrian was struck and killed. The person was convicted of causing death by wilful negligence. You can review the Sample Supreme Court Decision.
Criminal Division
Main Number: 2019/9401
Decision Number: 2021/722
“Text of Justice”
Court: First Instance Criminal Court
Crime: Negligent homicide
Sentence:
With reference to Articles 85/1, 62/1, 50/4, 50/1-a, 52/2-3-4 of the Turkish Criminal Code.
The judgment convicting the defendant of causing death by negligence was appealed by the defense attorney and the attorneys for the participants, and the case file was reviewed and evaluated accordingly:
The appeals regarding the amount of the defendant’s defense attorney’s sentence, the amount of the sentence given in favor of the defendant’s attorney, the amount of the defendant’s attorney’s sentence, and the amount of the sentence of the attorney present at the hearing were rejected in accordance with the prosecution’s conclusions, based on the trial, the evidence gathered at the hearing, and the court’s opinion and discretion. However;
The defendant’s truck skidded 4.9 meters on a two-way, curved, icy, asphalt road in a residential area during daylight hours, despite the fact that winter tires were mandatory for its class and its tires were not chained. As a result of losing control of the steering wheel, failing to adjust his speed according to road conditions, hitting a pedestrian walking on the shoulder in the same direction, and swerving to the left in the direction of travel, causing the death of one person, pursuant to Article 22/3 of the Criminal Procedure Law No. 5237, it was determined that the defendant committed the act through conscious negligence; since it was not considered that the penalty should be increased in accordance with the relevant article,
on 26/01/2021, unanimously, contrary to the request, in accordance with Article 321 of the Criminal Procedure Code No. 1412, it was decided to overturn the ruling. This decision is still in force pursuant to Law No. 8.