27 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR contagious diseases, different opinions are put forward in the doctrine regarding the applicability of lawfulness within the scope of this crime. There are authors116 who state that it is not practically possible to apply lawfulness in terms of Art. 195 of the TPC, and there are also authors who find that the reasons for lawfulness are incompatible with this offence, but that the state of necessity can be taken into consideration in terms of the offence of acting contrary to the measures regarding contagious diseases.117 The offence of acting contrary to the measures regarding contagious diseases may be lawful if it is committed within the scope of “ implementation of the provision of the law” under Article 24/1 of the TPC. In the case of the implementation of the provision of the law, the legislator did not accept responsibility for the person who follows the provision of the law and decriminalized the act.118 For example, the acts of public officials119 who have the authority to enter the quarantine zone in accordance with the law, as required by their duties and within these limits, are considered lawful.120 Two conditions are necessary for the act of the person who follows the provision of the law to be considered lawful. There must be a rule or provision related to the act committed, the person concerned must fulfil the requirements of this provision or rule, or the person who follows the provision must be the addressee of that provision. Because no one can exercise an authority that is not granted to them by law.121 The lack of one of these conditions renders the act unlawful and renders the addressee’s right of resistance lawful.122 116 Önok, p. 174. 117 According to some authors in the doctrine; “as a rule, the reasons for lawfulness may find an application area”, Çakmut, p. 548; Kangal, p. 444; according to another view, the reasons for lawfulness are incompatible with this crime, but it is possible to consider the state of necessity; Hafızoğulları/Özen, p. 124. 118 Soyaslan, p. 361. 119 According to Article 6, paragraph 1, subparagraph (c) of the TPC No. 5237, a “public official” in the application of criminal laws is defined as a person who participates in the execution of public activity by appointment or election or by any means, permanently, for a period of time or temporarily. 120 Kangal, p. 444. 121 Soyaslan, p. 362; Zeki Hafızoğulları/Muharrem Özen, Türk Ceza Hukuku Genel Hükümler, US-A Yayıncılık, 8. Baskı, Ankara, 2015, p. 214. 122 Soyaslan, p. 362.
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