Editing Negligence (section)

=== Civil law ===
In the [[Swiss Criminal Code]], the term "''négligence''" is used to denote an omission, akin to the English term "negligence". However, unlike criminal negligence, it describes situations where the perpetrator acts without being aware of the potential consequences of their actions or disregards these consequences. Similarly, under the [[Turkish Penal Code]] No. 5237, which took effect on June 1, 2005, "criminal negligence" ({{Langx|tr|İhmali suç}}) refers to a person’s failure to act when [[Legal liability|required by law]],<ref>Mehmet Hakan Hakeri, M. H. H., İhmali Suçlar, ''Ceza Hukuku Dergisi'', 2(4), pp. 137-169</ref> while "negligence" ({{Langx|tr|Taksir}}) is defined as the occurrence of a legally foreseen consequence due to a lack of necessary [[Duty of care|care]].

The [[French criminal code]], as a rule, requires a person to have acted with ''[[mens rea]]'', for an act to be punishable.<ref>{{cite legifrance|base=CP|number=121-3}}</ref> Comparably, the [[Italian Penal Code]] [<nowiki/>[[:it:Codice_penale_(Italia)|it]]], enacted on October 19, 1930, specifies in Article 42 that a person can only be punished for a crime if it was committed with [[Intention (criminal law)|intent]]. However, Article 43 provides exceptions for crimes arising from negligence or [[preterintention|exceeding intentionality]]. These negligent crimes occur despite the defendant's foresight{{Efn|Refers to the situation of "conscious negligence" where the perpetrator performs the act with the confidence that the anticipated outcome will not occur, as opposed to [[Mens rea|intentional conduct]].}} and are the result of negligence, [[carelessness]], lack of experience, or non-compliance with laws, regulations, orders, or disciplinary rules.<ref>{{Cite book |last=Mantovani |first=Ferrando |title=Principi di diritto penale |date=2007 |publisher=[[CEDAM]] |edition=2nd |pages=159–163 |language=it}}</ref> Consistent with other civil law systems, Turkish Criminal Law also treats criminal responsibility for acts committed negligently as an exception, confined to those acts explicitly stated in the law.<ref>{{cite web |access-date=21 June 2024 |date=2015 |first=Ertuğrul |last=Ünal |location=İstanbul |title=Taksirle Ölüme Sebebiyet Verme Suçu (TCK m. 85) |url=http://nek.istanbul.edu.tr:4444/ekos/TEZ/53510.pdf |work=İstanbul Üniversitesi Sosyal Bilimler Enstitüsü}}<!-- auto-translated from Turkish by Module:CS1 translator --></ref> Article 23 of the Turkish Penal Code further asserts that for crimes that are [[Aggravation (law)|aggravated]] by their consequences to be attributed to the perpetrator, the base crime must be committed with intent. Furthermore, concerning the [[Aggravation (law)|aggravated]] or unintended consequences, the perpetrator must have acted with at least a minimal level of negligence, whether [[Gross negligence|advertently]] or inadvertently.<ref>{{cite web |access-date=21 June 2024 |first=Cengiz Topel |last=Çiftçioğlu |page=320 |title=Türk Ceza Kanunu'nda Taksir |url=https://dergipark.org.tr/tr/download/article-file/398115}}<!-- auto-translated from Turkish by Module:CS1 translator --></ref>