Statute of Limitations in Negligence-Based Crimes
Previously, there was debate over when the statute of limitations period should begin in crimes committed due to negligence.
Some argued that the statute of limitations should begin after the result occurred. Others argued that the action should be taken into account. Now, however, it is accepted that the general rule should apply to crimes committed as a result of negligence. Therefore, in crimes committed as a result of negligence, the statute of limitations begins to run from the date the typical result occurs.
For example, driving over the speed limit may cause injury to a person.
If the injured person dies a few months after the injury, the statute of limitations begins to run from the date of death.
For example, driving over the speed limit may cause injury to a person.
If the injured person dies a few months after the injury, the statute of limitations
begins to run from the date of death.
The fundamental problem with crimes committed through negligence
is that deaths occur years later, such as in the case of buildings destroyed in an earthquake.
Supreme Court, death as a result of the 1999 earthquake:
In its assessment of the second paragraph of Article 383 of the repealed Turkish Penal Code No. 765,
it stated that the statute of limitations began to run when the collapsed building caused injury or death, and therefore caused the injury or death.
It stated that the moment of death was the date on which the crime in the second paragraph was committed and that the statute of limitations for the case should be calculated from that moment.
However, the Court of Cassation may not consider injury or death resulting from the basic criminal act in the second paragraph to be an aggravated crime due to its consequences.
For example, in crimes resulting from negligence, this situation relates to the aggravation of the crime.