Offence Of Deliberately Endangering Public Security
You can read and get a preliminary impression of such sad fires or deliberately endangering offences that have occurred in our country in recent times in this blog
1- The Offence of Deliberately Endangering Public Security is defined in the Turkish Penal Code as follows
“Any person who: a) starts a fire, b) causes a building collapse, landslide, avalanche, flood or overflow, c) shoots with a weapon or uses explosives in a manner that is dangerous for the life, health or property of persons or in a manner that may cause fear, anxiety or panic in persons shall be punished.”
“A person who causes fire, building collapse, landslide, avalanche, flood or overflow shall be punished.”
The legal value protected by the offence of Deliberately Endangering Public Security is the prevention of a comprehensive endangerment of persons and property. For this reason, the offence of Intentionally Endangering General Security is regulated under the “Offences Creating General Danger” section of the Turkish Penal Code. As can be understood from the text of the article, the offence is an optional offence. The optional actions of this offence are shown as starting a fire, causing a building collapse, landslide, avalanche, flood or overflow, firing a gun or using explosives. The criminalisation of these acts is conditional upon the realisation of a concrete danger. There is also a second paragraph of the offence. This paragraph includes the offence of abstract danger.
2- What is the offence of endangering public security with negligence is defined in the Turkish Penal Code as follows
“A person who, by negligence; a) causes a fire, b) causes a building collapse, landslide, avalanche, flood or overflow, shall be punished if the act is dangerous to the life, health or property of others.”
3- Penalty for the Offence of Deliberately Endangering Public Security
Any person who: a) Starts a fire, b) Causes a building collapse, landslide, avalanche, flood or overflow, c) Fires a gun or uses an explosive substance in a manner that is dangerous to the life, health or property of persons or in a manner that may cause fear, anxiety or panic in persons, shall be sentenced to imprisonment from six months to three years (TCK 170/1).
Whoever causes fire, building collapse, landslide, avalanche, flood or flood hazard shall be sentenced to imprisonment from three months to one year or to a judicial fine (TPC 170/2).
4- Penalty for the offence of endangering public security by negligence
A person who, by negligence; a) causes a fire, b) causes a building collapse, landslide, avalanche, flood or overflow, shall be sentenced to imprisonment from three months to one year if the act is dangerous to the life, health or property of others. (TCK 171)
5- Are the Offences of Intentionally or Negligently Endangering Public Security Subject to Complaint?
No… The offences of Deliberately or Negligently Endangering Public Security are among the offences subject to complaint
are not. These offences are investigated ex officio by the prosecutor’s office.
6- There is no statute of limitations for offences of endangering public safety intentionally or negligently !!!
Thank you for reading I know that everyone will help each other in these difficult days I wish everyone a healthy day away from fires
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