17 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR the place where a person who has contracted or died from one of the contagious diseases is located can be the perpetrator of the offence.63 Since the relevant article does not require a special qualification for the perpetrator, there is no specific crime here.64 Measures within the scope of quarantine may be taken by the competent authorities to prevent the risk of the spread of contagious diseases throughout the country, or they may be applied only to certain regions, places, people practicing certain professions and arts, or only for certain dates and time intervals, or only for certain age groups. In this case, only these persons can be the perpetrators of the offence of acting contrary to the measures regarding contagious diseases.65 It is possible for persons other than the addressees of the measures taken by the competent authorities to be the perpetrators of the crime in question by acting contrary to these measures.66 It is not necessary for the perpetrator to be the person to whom the quarantine measure is directed or to live or be present in the quarantined area.67 The perpetrator of this offence may also be a public official. This is because it is also possible for a public official to fail to comply with the measures of the competent authorities regarding quarantine during the performance of their duty. In this case, if other conditions are also observed, the penalty will be increased in accordance with Article 266 of the TPC, which states that “The penalty to be imposed on a public official who uses the tools and equipment in their possession as a requirement of their duty during the commission of a criminal offence shall be increased by one-third, unless the title of public official has been taken into account in the definition of the relevant offence. “68 In addition, only natural persons can be the perpetrators of the offence of acting contrary to the measures regarding contagious diseases. It is not possible for legal persons to be the perpetrator of this offence (Art. 20/2 of the TPC).69 63 Kangal, p. 436. 64 Yaşar/Gökcan/Artuç, p. 6036. 65 Kahraman, p. 749. 66 Kangal, p. 437. 67 Kangal, p. 436-437. 68 Kangal, p. 436. 69 Kangal, p. 437.
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