19 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR the quarantine measures taken by a non-authorized authority does not constitute this offence.75 Since the relevant article does not limit the manner in which the relevant measures may be contradicted, it cannot be said to be commit a crime. Article 195 of the TPC considers “failure to comply with the measures” sufficient. Therefore, non-material, i.e. verbal non-compliance with the measures taken by the competent authorities also constitutes this offence.76 The offence of acting contrary to the measures regarding contagious diseases is a result crime since it can be committed by any action. For the crime to be committed, it is sufficient that the perpetrator does not comply with the measures taken by the competent authorities in any way. In addition, there is no need to use force, violence or threats in order not to comply with the measures taken.77 Since Article 195 of the TPC does not require a result in the form of concrete danger or damage, the offence is an abstract endangerment offence.78 The act of acting contrary to the measures taken by the competent authorities regarding quarantine or failing to comply with the measures they have implemented can be committed by an executive act or a negligent act. For example, the perpetrator entering the quarantined area by removing the tape set up at the entrance of the quarantine zone, taking down the notices and signs hung in certain places regarding quarantine, leaving the place where they should be without the decision of the competent authority (absconding) are acts of an executive nature.79 On the other hand, examples of negligent acts include the perpetrator continuing to stay in the park despite being ordered by the competent authorities to go home, not handing over the items that explaining how the defendant’s actions actually constituted a contradiction to the measures taken.” Kahraman, p. 751, fn. 56. 75 Parlar/Hatipoğlu, p. 1463. 76 For example, continuously saying something to intimidate public officials who want to implement the measures also constitutes a crime. However, it is not enough for the perpetrator to simply say that they will not comply with the measures taken or criticize the measures; Malkoç, p. 3233; Kangal, p. 442; Kahraman, p. 752. fn. 60. 77 Yaşar/Gökcan/Artuç, p. 6037. 78 Önok, s. 161; Kangal, p. 441; Yaşar/Gökcan/Artuç, p. 6038; Kahraman, p. 752. 79 Kangal, p. 441.
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