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 ASOS INDEKS
  Citation Number 22
 Views 5
İş Kazalarından Doğan Ceza Sorumluluğunda Kusur Tespiti
2016
Journal:  
Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi
Author:  
Abstract:

Unfortunately, many work-related accidents occur in our country. As a result of these accidents, the question regarding who will take the liability is the concern of many law areas. The liability arising from the accidents could be juridical, administrative or punitive. In this study, the liability arising from work-related accidents will be discussed in terms of criminal law. Furthermore, by going into a sub-heading; the issue “fault assessment in terms of criminal liability”, which has many problems in practice, will be tried to be examined thoroughly, inasmuch as fault is sine qua non for criminal liability: if there is fault, there is penalty, if not, no penalty. Fault assessment in work-related accidents is quite diffi cult in terms of criminal liability; as many people in a workplace, during occurrence of accidents, may have a part in the liability owing to their actions, authority and incumbency. Assessment of these people with faults, assessment of liability areas of these people in terms of criminal law, assessment of lien of causality, negligence problem and causal relation in case of a common fault, fault type to be ascribed to defendant and fault assessment of experts are all the elements that aff ect work-related accidents in criminal proceedings. In this study, those elements will tried to be discussed

Keywords:

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Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi

Journal Type :   Ulusal

Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi