5 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR a contagious substance”.7 The concept of epidemic, on the other hand, is defined in the dictionary as “infecting a large number of people, animals or plants in the environment in a short time”, “contagious” and “the spread of a disease or other condition and infecting many people at once”. 8 As can be seen, contagiousness refers to the quality of a disease, while epidemic refers to the quantitative prevalence of a contagious disease.9 In the offence of acting contrary to the measures regardingcontagious diseases, it is not sufficient to identify the disease-causing source in order to take quarantine measures. The second element to be sought here is that at least one person must have fallen ill or died due to the contagious disease.10 It is not important whether the contagious disease has reached large segments of society or only a certain part of the society has been affected.11 If a quarantine declaration has not been made by the competent authorities despite the presence of a person who has contracted or died from one of the contagious diseases in an area, or if a quarantine declaration has been made by the competent authorities despite the absence of a person who has contracted or died from an contagious disease in an area, the offence will not occur due to failure to comply with the measures taken under Article 195 of the TPC.12 Another element that must be present regarding the offence is that quarantine measures must have been taken by the administrative authorities in order to prevent the spread of the contagious disease in relation to the place where the person who contracted the disease or died from the disease was located.13 These quarantine measures are taken in relation to the place where the disease is located, not the 7 Önok, p. 162; The List of Notifiable Communicable Diseases in Annex-1 of the Regulation lists which contagious diseases are considered as notifiable contagious diseases. COVID-19 virus is listed as a contagious disease in the 50th place of the relevant list.; Kahraman, p. 744; fn. 16. 8 Tdk Türkçe Sözlük, 11. Baskı, Ankara, 2011, p. 2018. 9 Şirin, p. 53, fn. 18. 10 Tuğba Bayzit, COVID-19 Salgınının Hukuki Boyutu (Editör Muhammet Özekes), Onikilevha Yayınevi, İstanbul, 2020, p. 867. 11 Zeynel Temel Kangal, “Bulaşıcı Hastalıklara İlişkin Tedbirlere Aykırı Davranma Suçu”, Özel Ceza Hukuku Cilt V, Onikilevha Yayınevi, İstanbul, 2019, p. 438. 12 Yaşar/Gökcan/Artuç, p. 6036- 6037. 13 Kahraman, p. 745
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