In Izmir, a person hit a motorcycle with his car, causing his death. In the file opened following the investigation into the accident which occurred on the evening of February 18, 2015, the driver was found at fault and sentenced to prison terms for having caused death by negligence.
Along with the punishment, the suspect’s Class B car and Class A2 motorcycle driving licenses were seized. The 12th Criminal Division of the Supreme Court of Appeal, which heard the appeal, found the prison sentence imposed on the accused to be appropriate for causing death by negligence, but ruled that the seizure of the two driving licenses of the accused was unlawful.
The court decided that a new trial was not necessary, the phrase “Class B driver’s license” was added to the relevant section of the provision, and the decision was corrected and affirmed.
The unanimous decision of the 12th Criminal Division of the Supreme Court of Appeal is as follows:
“When the information on the accused’s driving license is examined, it is found that he has B and A2 driving licenses under the same document number, and although it is decided to apply the provisions of this article regarding the accused, the class A2 driver’s license was issued due to the crime of negligent homicide, which is the subject of the concrete incident. It is against the law to decide to withdraw the driver’s license. drive of the accused without specifying the class of the driver’s license, without considering that it cannot be withdrawn.”
The Supreme Court decision also raised various questions in mind.
— In which situations is the driver banned from driving?
— Can a driver whose driver’s license was seized through negligence be reinstated?
— Is a person whose Class B driver’s license has been confiscated due to such an event entitled to apply for and obtain other driver’s licenses at that time?
Lawyer Bilal Çelik assessed the Supreme Court’s previous decision and answered questions from Gaye Kobal of Hürriyet.
“THE SUBMISSION OF THE LICENSE IS NO LINKAGE CAUSED”
“The crime of causing death by negligence is governed by Article 85 of the Turkish Penal Code. The article is as follows: “If the act causes the death of more than one person or the injury of one or more persons as well as the death of one or more persons, the person is punished by imprisonment for two to fifteen,” Çelik says. :
“According to the traffic law, penalty points are determined for each sanction of drivers who are punished for their crimes. For example, drivers who get 100 penalty points in a year will have their license seized indefinitely. In traffic accidents resulting in death, the driving licenses of drivers deemed to be at fault are confiscated for a period of 1 year. In the aforementioned incident, it is clear that the person who committed the crime of negligently causing death committed this crime with his car. Therefore, the confiscation of the class A2 motorcycle license by the tribunal de grande instance is a decision devoid of any causal link. We explain causation as the causal relationship between the legal result and the events and facts that create the result. Accordingly, the new verdict issued by the 12th Criminal Division of the Supreme Court of Appeal can be considered as a legally correct decision.
1 YEAR IS SEIZED TO DEATH BY NEGLIGENCE
Celik who said that the driver’s license of the person who committed the crime of causing death by negligence was confiscated for 1 year, as in this case, we asked how the procedure would be if the person was sentenced to prison. Çelik replied: “If there is a sentence pronounced against the person by the court, the period starts from the execution of the sentence in question.
PENALTIES ARE ASSESSED ACCORDING TO EVENT SPECIFICATIONS
But would the accident have been the same if the driver had been drunk?
Stating that a separate assessment must be made for each concrete case, Çelik said: “However, the driver who commits the crime of causing death by drinking alcohol and thus endangering traffic is usually assessed as a willful negligence in the jurisprudence of the court and a penalty is imposed beyond the limit.”
IF THIS HAPPENS FOR THE THIRD TIME IN THE SAME YEAR…
Pointing out that there are certain measures to completely ban the driver from traffic, Çelik said, “If the driver reaches 100 penalty points in one year, his license will be confiscated. If one hundred points are exceeded for the first time in a year, it is confiscated for four months; If a mistake is made for the second time in the same year, it is confiscated for another four months. If one hundred points are reached for the third time in the same year, the driver’s license is seized indefinitely.
IT IS NOT A CRIME TO OBJECT TO OBTAINING A LICENSE.
“Does a person whose Class B license has been confiscated due to such an event have the right to apply for and obtain other types of permits at this time?” Çelik, who we asked, said: “Since it is not among the crimes that legally impede obtaining a driver’s license, the person cannot be restricted in terms of the right to travel due to the incident in question, and she will be able to apply for other groups of driver’s licenses once the execution is complete.”