21 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR provisions on the offence of acting contrary to the measures regarding contagious diseases regulated under Article 195 of the TPC are no longer applicable.86 4. Subject of the Offence One of the objective elements of the offence is the subject of the offence. The existence of a crime without a subject cannot be mentioned.87 The act performed by the perpetrator may be directed against an object or the physical, material structure or bodily integrity of a person.88 For example, in the crime of theft, the subject of the crime is the movable property taken from its location,89 and in the crime of property damage, the subject of the crime is movable or immovable property. In some crimes, the subject of the crime and the victim may be different from each other. For example, in the crime of intentional injury, the victim is the injured person. The subject of the crime is the body of this person.90 In the doctrine, crimes are divided into “damage” and “endangerment” according to the intensity of the impact on the subject of the crime.91 Endangerment crimes are divided into two as “abstract endangerment” and “concrete endangerment”. In abstract endangerment, the legislator assumes that a danger will arise in terms of the subject of the crime by performing the act in the legal definition of the crime.92 In abstract endangerment crimes, the performance of the act in the legal definition of the crime is sufficient for the completion of the crime. Abstract crimes of endangerment are formal crimes (the consequence of which is contiguous to the act).93 For this reason, as in concrete crimes of endangerment, there is no need for the judge to 86 Kangal, p. 442. 87 Artuk/Gökçen/Alşahin/Çakır, p. 374. 88 Özgenç, p. 219. 89 Sulhi Dönmezer/Sahir Erman, Nazari ve Tatbiki Ceza Hukuku, 14. Baskı, Der Yayınları, Cilt II, İstanbul, 2019, p. 33. 90 Özgenç, p. 219-220. 91 Özgenç, p. 220. 92 İçel, p. 276; Özgenç, p. 221. 93 Centel/Zafer/Çakmut, p. 256.
RkJQdWJsaXNoZXIy MTQ3OTE1