Endangering Traffic Safety Article 179 Of The Turkish Penal Code
Our Turkish Criminal Code regulates endangering traffic safety as two separate articles, the moral element of the first of which is intent, while the moral element of the second is negligence. In this article, we will discuss the offense of willfully endangering traffic safety regulated under Article 179 of the TPC.
Motor vehicles have become an indispensable element of our daily lives. So much so that they have ceased to be luxury consumption and have become a necessity. We use motor vehicles in many areas such as private use, school transportation, transportation. Although the relevant article introduces a general regulation on land, air, sea and railroad, the purpose of this article is to inform you about the judicial proceedings encountered as a result of the use of motor vehicles under the influence of alcohol or drugs, which are the most common in daily life.
In this case, which often occurs during traffic controls carried out by traffic teams as a result of driving under the influence of alcohol, if, as a result of the measurements made by traffic officers, your promil value is above the limits determined by law according to the intended use specified in the vehicle license, your vehicle will be tied up or you will need to call someone with a driver’s license to take delivery of the vehicle. Afterwards, an administrative traffic fine will be imposed on you for driving under the influence and your driver’s license will be temporarily confiscated for the first time. The procedures up to this point are 0.50 promil for private cars, but lower for commercial or passenger transport licensed vehicles.
If the promil value is 1.00 and above, an investigation will be opened against you in accordance with Article 179/3 of the Turkish Penal Code and the possibility of a criminal case will be brought to the agenda as a result of the investigation. Article 179 of the Turkish Penal Code
“(1) Any person who causes a danger to the life, health or property of others by altering, rendering unusable, removing from their place, giving false signs, placing anything on the passage, arrival, departure or landing routes or interfering with the technical operating system, by changing, rendering unusable, removing from their place, giving false signs, placing anything on the passage, arrival, departure or landing routes or interfering with the technical operating system, in order to ensure the safe flow of land, sea, air or railway transportation shall be sentenced to imprisonment from one year to six years.
(2) A person who steers and manages land, sea, air or railway transportation vehicles in a way that may be dangerous for the life, health or property of persons shall be sentenced to imprisonment from three months to two years.
(3) A person who drives a vehicle under the influence of alcohol or drugs or for any other reason despite being unable to drive and manage a vehicle in a safe manner shall be punished according to the provision of the paragraph above.”
By regulating the provision, the penalty and elements of this offense have been determined. The court in charge of this offense is the criminal court of first instance.
When you are faced with such a situation, if you do not trust the measuring devices, you should remember that you have the right to go to the hospital and have a blood test.
It will be in your favor to benefit from the legal assistance of a lawyer in order to fully protect your rights, both in administrative fines and revocation of driver’s license and in judicial investigation and prosecution proceedings.
You can access our other article examples and petition examples by clicking here.