Abstract:

Conscious negligence is a kind of fault which is between negligence and intention. Its one side extent to the intention and the other side to the negligence. There are three kinds of fault in Turkish Criminal Law which are; negligence, conscious negligence, intention, probable intention. Negligence means; not being able to see the result of the behavior because of carelessness or heedlessness; conscious negligence means; being able to see the result of the behavior but not hoping that the result could happen; probable intention means; not willing the result of the behavior directly, but still welcoming the result if it; and the intention means; committing a crime although all results of the behavior are known. There are a lot of confusion in the application -especially conscious negligence and probable intention- because of the similarity of these four concepts. Providing the result of behavior differ the conscious negligence from negligence but this foresee is the reason of the confusion between conscious negligence and probable intention at the same time. Welcoming the result of the behavior is the main difference between conscious negligenge and probable intention although all these kinds of faults contain foreseeing the result of the behavior.In conscious negligence; men/women could see the result of the behavior before it happens but believe that the result won’t occur the end because of his/her experiences or carefulness. So that conscious negligence is the harder kind of fault than the negligence. Within the scop of this article, meaning of the conscious negligence is discribed, differences between conscious negligence and probable intention are explained, thus confusions of these concepts are intended to solve

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