23 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR for the relevant offence, and it is not necessary for the perpetrator to commit the offence with a special motive.100 In addition, the negligent form of the act is not defined as an offence in Article 195 of the TPC.101 As mentioned above, since the offence of acting contrary to 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 an offence that can be committed intentionally, the perpetrator must have knowingly and wilfully failed to comply with these measures.102 The measures taken by the competent authorities regarding quarantine must be announced to the public through various means.103 For example, the measures taken can be announced by placing signs or warning notices at the entrance and exit of the area, making announcements by law enforcement officers or the municipal police, announcing the measures taken on radio and television, or sending text messages to mobile phones, etc. If the measures taken by the competent authorities are not announced, or if they are announced but the person is unable to learn about these measures due to their conditions or lack of means, it will be considered that there is a mistake in the material subject of the offence and it will not be concluded that the perpetrator has intent.104 Mistake, which is accepted among the reasons that eliminate or reduce criminal responsibility in criminal law, is regulated in four paragraphs in Article 30 of the TPC No. 5237. A person who does not know the subjective elements of the legal definition of the offence during the execution of the act is not considered to have 100 Hasan Gerçeker, Yorumlu ve Uygulamalı Türk Ceza Kanunu Cilt II, 5. Baskı, Seçkin Yayınevi, Ankara, 2020, p. 1838; Yaşar/Gökcan/Artuç, p. 6038; Kangal, p. 443. 101 Kangal, p. 443. 102 Kangal, p. 442. 103 Çakmut, p. 549; Yaşar/Gökcan/Artuç, s. 6038. 104 Kangal, p. 443; see Hafızoğulları/Özen, p. 129; The fact that the person does not know the measures taken by the competent authorities should be evaluated according to Art. 30/4, not Art. 30/1 of the Turkish Penal Code No. 5237. In accordance with the fourth paragraph, if the mistake is unavoidable, it is not punished. According to Article 4 of the Turkish Penal Code No. 5237, although lack of knowledge of the penal code is not considered an excuse, if the person is unable to learn the measures due to the environment in which they live, in other words, if there is an inevitable mistake about the act constituting an injustice, they benefit from this mistake and cannot be held responsible.
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