Statute Of Limitations For Negligent Offenses
Running of the Statute of Limitations for Negligent Offenses
When the statute of limitations begins to run for negligent offenses has been discussed before.
Those who state that the statute of limitations should start to run after the realization of the consequence There were also those who argued that the act should be taken as the basis. Now in negligent offenses
It should also be said that it is accepted that the general rule should be applied. Therefore, if negligent crimes are crimes with consequences, the statute of limitations will start to run from the realization of the consequence in accordance with the typicality. For example, if a person is injured by driving above the speed limit and the injured person dies a few months later, the statute of limitations will start to run from the death.
The main problem in negligent crimes was due to the fact that the deaths occurred many years later, as in the case of buildings destroyed in the earthquake. The Court of Cassation ruled that deaths resulting from the 1999 earthquake in his evaluation of the 2nd paragraph of Article 383 of the abrogated TPC No. 765, he stated that the offense the collapsed building was committed at the moment when it caused injury or death, and therefore the injury or death the moment of death is the date of the commission of the offense in the second paragraph, and the statute of limitations starts from this moment. should be calculated. However, the Court of Cassation stated that the injury or death resulting from the act in the basic offense type in paragraph 2 as a qualified offense when it should have qualified it as an aggravated offense. In fact, the given The example concerns the offense aggravated by the consequence in negligent offenses.
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