8 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) On the other hand, it has been emphasized that the regulation in the offence of acting contrary to the measures regarding contagious diseases is insufficient to protect the public health, that it does not meet the legal needs arising from the current COVID-19 outbreak as its scope is regulated quite narrowly, and that the place where the measures are taken should not be included in the law; it has also been emphasized that in order to make the provision functional, it would be appropriate to remove the requirement of “the place where a person who has been infected with one of the contagious diseases or who has died from these diseases” from the law or to make an amendment as “to quarantine a person”,25 since it is the legislator who can change the content of the rule by taking this into account if the rule is not in line with the purpose.26 In the doctrine, some researchers have suggested that Article 195 of the TPC should be redefined in a broader and more inclusive manner, and thus, there would be no need for Article 284 of the Public Health Law No. 1593, which refers to Article 195 of the TPC.27 II. EVALUATION OF ARTICLE 195 OF TPC IN TERMS OF THE PRINCIPLE OF LEGALITY For the purpose of this study, it would be useful to address the problem of the contradiction to the principle of legality of Article 195 of the TPC, which is a subject of debate in the doctrine, and the vention, as it was considered to have upset the fair balance that had to be struck between the objective of preventing the spread of the HIV virus and the protection of the applicant’s liberty. Enhorn/Sweden, ECHR, 56529/00, 25.01.2005, § 44. 25 Kahraman, p. 745; Önok, p. 181. 26 Önok, p.167. 27 In the doctrine, Önok›s proposed amendment to Article 195 of the TPC is as follows: “A person who fails to comply with the orders given by the competent authorities or the procedures and actions regarding the quarantine of the place where a person who is infected or suspected of being infected with a contagious disease is found or where a substance causing such a disease is found or suspected to be found, or the quarantine of a person who is infected or suspected of being infected with a contagious disease, shall be sentenced to imprisonment from three months to three years.” Önok, p. 182; Kahraman’s amendment proposal regarding relevant article is as follows: “ A person who fails to comply with the measures taken by the competent authorities for quarantine to prevent the emergence or spread of contagious diseases shall be sentenced to imprisonment from six months to two years.” Kahraman, p. 743.
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