13 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR regarding contagious diseases was regulated in Article 263 of the former Penal Code No. 765 under the title of Violence and Resistance against the Government and Opposition to the Laws in the chapter 3, section 8 of the second book of the Penal Code, which was designated for crimes, under the title of crimes committed against the state administration. The text of the mentioned article reads as follows: “Those who actively disobey the orders and actions taken by the Government to cordon off houses and other places infected with cholera and other contagious diseases or where deaths occur shall be imprisoned from one month to one year, depending on the extent of their actions.” 45 Article 256 of the draft of 1997 Turkish Penal Code, which was prepared based on the text and general justification of the preliminary text of 1989 TPC, stipulated that the offence of acting contrary to the measures regarding contagious diseases was punishable by “imprisonment from two months to one year for those who actually obstruct the orders given by the competent authorities regarding the cordoning off of houses and other places where people who are infected with one of the diseases or who have died from these diseases are found, or for those who actually obstruct the efforts in this regard”.46 Article 261 of the 2004 Ministerial Bill on contagious diseases stipulates that “Those who obstruct the orders given by the competent authorities regarding the cordoning off of houses and other places where a person who is infected with one of the contagious diseases or a person who has died from one of these diseases is found, or those who actually obstruct the efforts in this regard, shall be sentenced to imprisonment from two months to one year, depending on the extent of their actions”.47 As seen here, the provision in Article 256 of the draft of the 1997 TPC, which is a translated version of Article 263 of the former TPC No. 765, was also included in Article 261 of the 2004 Ministerial Bill.48 The offence of acting contrary to the measures regarding contagious diseases is regulated in Article 195 under the heading of Offences 45 İsmail Malkoç/Mahmut Güler, (Uygulamada) Türk Ceza Kanunu Özel Hükümler-2, Adil Yayınevi, Ankara, (Yayın yılı belirtilmemiş,) p. 1977; Kangal, p. 434; Çakmut, p. 544. 46 Önok, p. 149. 47 TBMM, Dönem, 22, Yasama Y. 2, Sıra S. 664, p. 320. 48 Çakmut, p. 543; fn. 1.
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