ABSTRACT

The first penal code of the Republic of Turkey was Law no. 765. The second Turkish Penal Code (TPC) is Law no. 5237. Recklessness does not exist as a term of art under Turkish penal law. Instances of recklessness can be treated under intentional homicide since this crime may be committed through both direct intent and indirect intent. According to art. 85 (1) TPC, 'Any person who causes the death of another through negligence shall be sentenced to a term of imprisonment of two to six years.' With regard to many crimes, the emergence of death as an unintended result of the criminal act constitutes an aggravating factor. Any negligent act which has causal value in bringing about the death of the victim can constitute the actus reus of the crime under TPC art. 85. TPC art. 25 (1) provides that an act committed in self-defence shall not be punished subject to certain conditions.