Negligent killing
Causing death without foreseeing it, through conduct in breach of the duty of care and attention. The penalty is 2–6 years’ imprisonment.
In intentional killing the offender wants the death. In negligent killing death is not intended; it occurs without being foreseen, as a result of conduct in breach of the duty of care and attention (TCK 22/2). Deaths in traffic accidents, workplace accidents and medical errors are mostly prosecuted under this article.
Penalty
- Causing the death of one person: 2–6 years’ imprisonment.
- Causing the death of more than one person, or the death of one person together with injury to one or more people: 2–15 years’ imprisonment.
In negligent offences the penalty is determined according to the offender’s degree of fault. Where an incident results from the negligence of more than one person, each person is liable for their own fault (TCK 22/4–5).
Conscious negligence
If a person foresees the result but does not want it, and the result nevertheless occurs, there is conscious negligence. In that case the penalty is increased by one third to one half (TCK 22/3). Where a person foresees the result and acts while accepting it, even though they do not want it, there may be conditional intent; the provisions on intentional killing then apply with a reduced penalty.
Where the offender is also harmed
No penalty is imposed if the consequences of the negligent conduct affect solely the offender’s personal or family situation to such an extent that punishment becomes unnecessary. A person who negligently causes the death of their own child may, for example, be assessed in this way. In cases of conscious negligence the penalty may be reduced by one half to one sixth (TCK 22/6).
How it is counted in the data
Negligent killing is not counted as homicide. Deaths in traffic and workplace accidents are not included in the homicide indicator.