20 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) need to be cleaned with special disinfectants to the officials, and not going to the health institution in the quarantine zone despite being summoned.80 The perpetrator’s conduct in not complying with the measures regarding contagious diseases must be “capable of preventing the measures taken or implemented by the competent authorities”. Suitability can be objectively determined according to the assessment of a reasonable observer, taking into account the circumstances at the time of the incident.81 The fact that the act of acting contrary to the measures regarding contagious diseases is an abstract endangerment does not affect the necessity to make such an assessment.82 When it is concluded that the act committed by the perpetrator is capable of preventing the implementation of the measures taken by the competent authorities, the existence of the offence must be accepted.83 In addition, for the offence to be committed, it is not required that the measures taken or implemented are prevented or that the behaviour in the form of non-compliance is carried out in the presence of the officials who take or implement the measures.84 If the perpetrator resists against the authorized public officials by using force or threats due to the measures taken and implemented by them regarding quarantine, the act constitutes the crime of resisting against a public official by using force or threats to prevent them from performing their duties as defined in Article 265 of the TPC.85 Here, the 80 Kangal, p. 441; Kahraman, p. 751; Önok, p. 171. 81 Kangal, p. 441. 82 Önok, p. 170. 83 Kangal, p. 441. 84 Kangal, p. 442. 85 The crime of resisting to prevent the execution of duty TPC Article 265- “(1) A person who uses force or threat against a public official in order to prevent them from performing their duties shall be sentenced to imprisonment from six months to three years. (2) If the offence is committed against persons performing judicial duty, imprisonment from two to four years shall be imposed. (3) If the offence is committed by making oneself unrecognizable or by more than one person together, the penalty to be imposed shall be increased by one third. (4) If the offence is committed with weapons or by taking advantage of the intimidating power created by existing or deemed to exist criminal organizations, the penalty to be imposed according to the paragraphs above shall be increased by half. (5) In the event that aggravated forms of the crime of intentional injury occur during the commission of this crime, the provisions regarding the crime of intentional injury shall also apply.”; Çakmut, p. 548.
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