14 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) against Public Health in the TPC No. 5237.49 Although the measures in the TPC No. 765 criminalized the contradiction to the measures taken to cordon off houses and other places where contagious diseases are seen according to Article 263, Article 195 criminalizes the contradiction to the measures taken to quarantine the place where a person who has been infected with a contagious disease or who has died.50 While in the TPC No. 765, the measures were aimed at cordoning off houses or other places, the TPC No. 5237 addresses measures related to the implementation of quarantine.51 Although there are differences in the wording in both legal regulations regarding which diseases are within the scope of the criminal offence, their contents are the same. In the TPC No. 765, the term cholera and other contagious diseases were used, while in the TPC No. 5237, the term contagious disease was used without specifying what the disease was.52 While in the TPC No. 765, the violation of the orders and actions taken by the government was the element of the crime, in the TPC No. 5237, this issue was expressed as acting contrary to the measures taken by the competent authorities and the action in accordance with the definition was handled more comprehensively.53 In the TPC No. 765, the typical act was to actually obstruct, in other words, to actually resist. In TPC No. 5237, on the other hand, failure to comply with the measures is deemed sufficient. Actions that are not of a material nature and do not involve actual opposition may also cause the crime to occur.54 49 Çakmut, p. 544; When the Law No. 5237 is compared with the Law No. 765, it is seen that the verbal expression, the title and the systematic structure of the offence have been completely changed in the Law No. 5237. For this reason, it is partially not possible to use the provision of Art. 263 of the Law No. 765, doctrine and judicial decisions in the interpretation of the offence under Art. 195 of the Law No. 5237. This situation partially harms the principles of progress in doctrine and continuity in jurisprudence. Hafızoğulları/Özen, p. 127. 50 Kahraman, p. 742. 51 Yaşar/Gökcan/Artuç, p. 6035. 52 Çakmut, p. 544. 53 Kangal, p. 435. 54 Kangal, p. 443.
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