22 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) investigate and determine whether a danger has actually occurred on the subject of the crime, that is, the causal relationship.94 As stated above, the offence of acting contrary to measures regarding contagious diseases is an abstract endangerment crime.95 The offence of acting contrary to these measures can be committed if the measures taken by the competent authorities to quarantine a place are contradicted. Indeed, Article 195 of the TPC mentions measures “regarding the quarantine of the place where a person who has contracted one of the contagious diseases or who has died from these diseases is located”. Measures taken by the competent authorities to quarantine the place where a person who is infected with one of the contagious diseases or who has died due to these diseases is located and which are violated (not complied with) by persons constitute the subject of the offence of acting contrary to the measures regarding contagious diseases.96 The occurrence of a concrete endangerment or damage is not necessary for this crime to occur. Failure to comply with the measures taken by the competent authorities is sufficient.97 If a quarantine has not been declared by the competent authorities in a place within the scope of Article 195 of the TPC, then it is impossible for the crime to be committed since there is no measure taken by the competent authorities and violated by persons.98 B. Subjective Elements of Offence The offence of acting contrary to the measures regarding contagious diseases regulated in Article 195 of the Turkish Criminal Code No. 5237 is an offence that may be committed intentionally. This refers to the perpetrator’s knowledge of the measures taken by the competent authorities to quarantine the place where a person who has contracted one of the contagious diseases or who has died from these diseases is located, and their failure to comply with these measures knowingly and willingly.99 The existence of general intent is sufficient 94 İçel, p. 276; Özgenç, p. 221. 95 Kangal, p. 437. 96 Kangal, p. 443; Önok, p. 161; Kahraman, p. 747-748; Bayzit, p. 877. 97 Kangal, p. 443. 98 Yaşar/Gökcan/Artuç, p. 6036- 6037. 99 Hafızoğulları/Özen, p. 129.
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