If death or injury occurs in a traffic accident, TCK Art.85 (negligent homicide) or Art.89 (negligent injury) is applied.
Penalties
- Negligent death (Art.85): 2-6 years, multiple deaths/death+injury: 2-15 years
- Negligent injury. (m.89): 3 months - 1 year, serious injury: 6 months - 3 years
- Conscious negligence (alcohol, speed, red light violation): Increase up to 1/3
Conscious Negligence
- Alcohol/drugs
- Excessive speed
- Red light passing
- Unlicensed/unlicensed
- Mobile phone
HAGB and Postponement
- HAGB: Imprisonment up to 2 years, if there is no record, applicable if the victim's damage is compensated
- Postponement: Again, up to 2 years; opinion that he will not commit a crime in the future
- HAGB does not apply in case of conscious negligence (CGK jurisprudence is controversial)
Complaint
Simple injury depends on the complaint; death and serious injury ex officio.
Supreme Court CGK
CGK accepts that conscious negligence will be applied to the driver who causes a fatal accident while drunk and the penalty will be increased by 1/3.
Criminal and traffic lawyer is a must.