NEWSLETTER-2019-metin

226 NEWSLETTER 2019 criminal judge’s decisions regarding acquittal, defect and its degree, the amount of damages, and the causality and the provisions of the criminal law with respect to liability. However, it may be taken from the dissenter of the Article that a civil judge is bound by all determina- tions, except for those subjects, as mentioned above. In the precedents of the Court of Cassation and in the doctrine, it is recognized that a civil judge will be bound by material facts determined in the criminal proceedings and, in particular, the determinations with regard to con- victions and violations of the law. In other words, decisions as to the existence of material events and prohibited acts constitute conclusive evidence in civil courts. Despite a final judgment on the existence of an incident in criminal courts, the same issue may not be brought up in civil courts, again. In this regard, for instance, the Court of Cassation states that the civil courts are bound by a sentence of imprisonment given by the criminal court; therefore, the civil courts must await the result of the case and render a verdict, accordingly 1 . Conclusion In cases for damages filed as a result of personal injuries, if death or physical damages occur resulting from an accident, the items of compensation shall vary. While determining the amount of defect and loss, the Court of Cassation designates the matters that are important in terms of uniformity of the decisions, and it provides predictability to the parties. Finally, it is also accepted by the precedents and in the doctrine that the civil judge is bound by some of the issues determined in the criminal proceedings. 1 Joint CC of Court of Cassation, E. 2013/4-1008 K. 2014/490, 09.04.2014.