16 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) protection of a hypothetical legal interest. It is not possible to create abstract concepts and protect them as legal interests through criminal law. Since the word “people” (German: Volk) is an abstract concept in the narrow sense of the word and has no real physical existence (German: Keinen realen Körper), the legal benefit should not be considered as “protection of public health” (German: Volksgesundheit). What should be understood here is the protection of the health of more than one member of the public. Therefore, an additional reason for punishment should not be created by justifying the protection of public health.59 Again, Kangal argues that the legal value protected by the offence of acting contrary to the measures regarding contagious diseases is not the protection of public health, but rather the health of each individual constituting the society, and that the perpetrator endangers the health of all individuals inside and outside the quarantine zone by not complying with the quarantine measures taken due to a contagious disease.60 In addition, according to Önok, it is not possible to consider an abstract concept such as public health as a legal value.61 V. ELEMENTS OF OFFENCE A. Objective Elements of Offence In the offence of acting contrary to the measures regarding contagious diseases, the examination of the objective elements of the offence is carried out in a certain order. Initially, the perpetrator of the crime, the victim, the criminal act will be examined and then finally the subject of the crime will be examined. 1. Perpetrator Article 195 of the TPC No. 5237 defines the perpetrator as “the person who fails to comply with the measures taken by the competent authorities”.62 Accordingly, anyone who fails to comply with the measures taken or implemented by the competent authorities regarding the quarantine of 59 Roxin, § 2, kn. 46, p. 28. 60 Kangal, p. 435-436. 61 Önok, p. 159. 62 Hafızoğulları/Özen, p. 128.
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