6 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) person.14 The administrative authorities authorized to take quarantine measures are regulated in Article 69 of the Public Health Law No. 1593. Article 303 of the same law specifies the health officers authorized to determine the quarantine measures and their scope are as follows: “Physicians employed in state, municipal and administrative affairs, and minor health officers who are in the service of physicians in matters deemed necessary and authorized by the Ministry of Health and Internal Medicine”.15 Articles 66, 67, 72, 73 of the Public Health Law No. 1593 explain the measures that can be considered within the scope of quarantine.16 Quarantine is defined in the dictionary as “a health measure applied in the form of keeping a certain region or place under control and preventing entry and exit in order to prevent the spread of a contagious disease”.17 In general terms, the word “quarantine” is used to refer to a set of restrictions intended to prevent the spread of a contagious disease.18 According to the definition of “the place where the infected person or the person who died from the disease was found” in Article 195 of the TPC, it is understood that quarantine measures are measures applied only in an area limited to the place where the infected person or the person who died from the disease was found.19 In other words, the legislator does not recognize acting contrary to measures taken outside the quarantine area as an offence.20 As a matter of fact, in case of acting contrary to measures to prevent the emergence or spread of contagious diseases, such as the obligation to wear a mask or to comply with the social distancing rule, the offence of acting contrary to the measures regarding contagious diseases will not occur.21 Since quarantine measures are implemented through regulatory procedures issued by 14 Önok, p. 163. 15 Kahraman, p. 748-749; Önok, p. 168-169. 16 Önok, p. 169. 17 TDK Türkçe Sözlük, p. 1320-1321; In the Law No. 5996 on Veterinary Services, Plant Health, Food and Feed, quarantine is defined as “the control of animals, animal products, plants, herbal products and other substances, as well as potentially contaminated substances and materials, in order to prevent the introduction or spread of diseases or harmful organisms within the country”. (Art. 3/1-41). OG. of 13.10.2010 and no. 2760. 18 Kahraman, p. 745. 19 Önok, p. 164; Kahraman, p. 748. 20 Kahraman, p. 745. 21 Kahraman, p. 745.
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