مرکز منطقه ای اطلاع رساني علوم و فناوري - Alman ve Türk İçtihâtlarında Neticesi Sebebiyle Ağırlaşmış Yaralama Suçunda Nedensellik ve Objektif İsnâdiyet

Abstract :

Both Federal Court of Justice of Germany (BGH) and Supreme Court of Turkey have been constantly obliged to deliver a judgment about aggravated offences because of their results from past to present.3 Among them are offences of aggravated wounding because of its result or intentional wounding occasioning death must have been the most mentioned ones.4 It can be seen that with regards to these offences, Federal Court of Justice of Germany discusses the issues of causality (objective culpability), attempt and participation firstly. Whereas, in terms of Turkish case law, with regards to the offence of causing death as a result of wounding, debates are mostly about whether the result of death is occurred intentionally or negligently or within which paragraph of the article 86 of Turkish Criminal Code it should be evaluated. Nevertheless, it is hard to say that there is certain uniformity in the decisions of both two countries in terms of this type of offences in relation to causation and objective culpability. In this paper, it will be attempted to put forward that how the decisions related to offences of causing death as a result of wounding has been evolved in the historical process by shortly presenting the decisions about the offences of causing death as a result of wounding, which are given after 1953, when the condition of legal negligence was brought for Germany and for Turkey, after 2005.