Negligent Manslaughter With Negligent Behavior
The crime of manslaughter by negligence is regulated under Article 83. If intentional homicide is committed by negligent behavior, there is an executive crime committed by negligence. In this case, a crime that can be committed by an executive act is committed by a negligent act, but since the negligent act is equivalent to the executive act, the perpetrator is punished with the penalty of intentional manslaughter. In order for the perpetrator who causes death with a negligent act to be punished for the crime of voluntary manslaughter, the existence of one of the following conditions alone is sufficient.
a-Although the person who causes death by negligent behavior has a contractual responsibility, he/she is negligent in violation of this responsibility: For example, a doctor deliberately fails to stop bleeding during surgery or a caregiver fails to provide food and water for days to an elderly woman who is unable to care for herself.
b-The negligence of the person who causes death by negligent behavior in violation of an obligation arising from the law: For example, if a mother leaves her 3-month-old baby alone at home and goes on a vacation with her family for days and the baby dies of starvation, the mother is punished with the crime of intentional manslaughter because she violated her legal obligation.
c-The person who causes death by negligent behavior is negligent even though his/her previous action created a dangerous situation for the lives of others: For example, a person who causes the injured person to bleed to death by fleeing the scene of a traffic accident even though the person he hit is still alive.
In order for the perpetrator to be punished for manslaughter by negligence, there must be no possibility to prevent the result. The perpetrator will be punished for this crime if he/she commits a negligent act that causes death when he/she could have prevented the outcome of death.
Punishment for intentional homicide by negligence (neglect of a certain obligation)
The basic sentence is 20 to 25 years imprisonment instead of aggravated life imprisonment, 15 to 20 years imprisonment instead of life imprisonment, and 10 to 15 years imprisonment in other cases. However, these sentence reductions are at the discretion of the court. The court takes into account the circumstances of the incident, the intensity of the intent, etc.