Killing by omission
Death resulting from the failure to perform a required act. The judge may reduce the penalty.
Intentional killing can be committed not only by an act but also by failing to perform an act that ought to be performed. Article 83 of the Turkish Penal Code sets out who is liable in that case and under what conditions.
Conditions
For a person to be held liable for a death resulting from their failure to perform a required act, the omission must be equivalent to an act that causes death. For equivalence, the person must:
- have a specific duty to act arising from law or contract, or
- have created, through earlier conduct, a situation that endangers the lives of others.
A parent whose duty of care arises from law, or a person who has undertaken the care of a patient by contract, are examples of the first group.
Penalty
For a person who causes death by neglecting a specific duty, the judge may impose as the basic penalty:
- 20–25 years instead of aggravated life imprisonment,
- 15–20 years instead of life imprisonment,
- 10–15 years in other cases.
The judge may also decide not to reduce the penalty.