During the winter months, because of icing, some vehicles are forced to use winter tires or chain the tires. The aim is to prevent the vehicle from sliding due to icing and to prevent possible loss of life and property. Failure to comply with this rule is sanctioned. A person’s failure to comply with this rule, although it is mandatory, and as a result, the trustee’s failure to comply with the rule is attributed to him as a flaw. In the current incident, the winter tire was not attached to the mandatory vehicle and as a result, it appears that it hit the pedestrian as a result of the slip and caused his death. A conviction was decided for causing death by deliberate intent. You can look at the example Supreme Court decision.
Criminal Division
Base Number: 2019/9401
Decision Number: 2021/722
“Case Law Text”
Court :Criminal Court Of First Instance
Crime : murder by taxi
Verdict: 85/1, 62/1, 50/4. 50/1-a, 52/2-3-4. in accordance conviction
The verdict on the conviction of the accused for murder by taxi was appealed by the defence of the accused and the deputy of the participants, and the case was considered necessary by examining the case:
The judge made the decision on the evidence shown in court, the prosecution examined in accordance with the result of the file at the discretion of opinion and according to the scope of the defendant’s counsel and the implementation of the provisions favorable penalty amount should be the amount of the penalty provisions in favor of the attendees and Deputy appeal on appeal of the denial of failure to enforce; but;
During the day, in the residential area, two-way, landing according to the direction of departure sloping, winding, icy asphalt pavement street, although it is mandatory according to the class, the car does not have a winter tire and the tires are not attached to the chain, while the car loses steering control as a result of sliding 4.9 meters, leaving the road on the left according to the direction of the cruise, hitting a pedestrian walking on a bench in the same direction, not adjusting its current speed according to the conditions of the road, in an incident that caused the death of a person with a complete defect; 22/3 of TCK 5237, in which the accused carried out his act with a conscious taksir, and in his sentence. failure to observe that an increase should be made in accordance with the article,
It is against the law, and since the appeals of the deputy of the participants are considered in place in this respect, the provision is 8 of law 5320 for these reasons. article 321 of Cmuk No. 1412, which is still being implemented in accordance with article. it was unanimously decided on 26/01/2021 to overturn the request in accordance with the article. (TCK= Turkish Criminal Code) ( CMUK= Law of Criminal Procedure)
