Damages Caused By A Vehicle Without Winter Tyres Are At Fault
In winter months, some vehicles are compulsorily fitted with winter tyres or chains are wrapped around the tyre due to icing. The aim is to prevent the vehicle from slipping due to icing and to prevent possible loss of life and property. Failure to comply with this rule is sanctioned. The fact that the person does not comply with this rule, although it is compulsory, and as a result, damages other people due to non-compliance with the rule is attributed to him as a fault. In the present case, it is seen that winter tyres were not fitted to the vehicle, which was obliged to be fitted with winter tyres, and as a result, it hit the pedestrian as a result of slipping and caused his death. It was decided to convict the person for causing death with conscious negligence. You can examine the Sample Court of Cassation Decision.
12th Criminal Chamber
Principal Number: 2019/9401
Decision Number 2021/722
“Case Law Text”
Court :Criminal Court of First Instance
Offence : Negligent homicide
Sentence : Conviction pursuant to Articles 85/1, 62/1, 50/4, 50/1-a, 52/2-3-4 of the Turkish Penal Code
The judgement on the conviction of the defendant for the offence of negligent homicide was appealed by the defence counsel and the counsel for the participants, and the file was examined and the necessity was considered:
According to the trial, the evidence gathered and shown in the decision, the court’s opinion and discretion formed in accordance with the results of the prosecution, and the scope of the file examined, the defendant’s defence counsel’s objections to the amount of the penalty and the application of the favourable provisions, and the objections of the participants’ counsel to the amount of the penalty and the non-application of the favourable provisions are rejected; however;
The defendant was travelling with the pick-up truck under the control of the defendant, in the daytime, in a residential area, on a two-way asphalt paved street with a downward slope according to the direction of travel, with curves, with an icy surface, without winter tyres on the vehicle and without chains attached to the tyres, although it is compulsory according to its class, 9 metres when he lost his steering control as a result of slipping, leaving the road from the left according to the direction of travel, hitting the pedestrian walking on the shoulder in the same direction, not adjusting his current speed according to the road conditions, in the event that he caused the death of a person with full fault; the defendant committed the act with conscious negligence and his sentence should be increased in accordance with Article 22/3 of the Turkish Penal Code No. 5237. Article 22/3 of the Turkish Penal Code No. 5237,
Since it is contrary to the law and the objections of the appeals of the participants’ attorneys are deemed appropriate in this respect, it was decided unanimously on 26/01/2021 to VACATE the judgement contrary to the request in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which is still in force in accordance with Article 8 of the Law No. 5320 for these reasons.
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