29 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR leaves the quarantined area due to an earthquake, natural gas leak, fire, explosion, etc. In the quarantined area, or if they have to enter the quarantined area while trying to escape from stray animals chasing them, the act will be lawful, provided that the other conditions in paragraph 2 of Article 25 of the TPC are met.130 On the other hand, the exercise of a right by a person is generally accepted as a reason for lawfulness. While the legal order authorizes a person to exercise a certain right, it also considers the exercise of that right as lawful.131 The exercise of the right in Article 26/1 of the TPC cannot be accepted as a reason for lawfulness in terms of the type of offence in Article 195 of the TPC. In order to exercise a right within the context of Article 26/1 of the TPC, there must be a subjective right recognized by the legal order and this right must be directly exercisable by the perpetrator. Acting contrary to the measures regarding contagious diseases is considered an offence according to Article 195 of the TPC. It is inconceivable that the relevant behavior can be considered as the exercise of a right.132 In addition, since the lack of consent of the victim or the relevant person is necessary for the existence of the crime, the consent of the relevant person is very important in criminal law. When the holder of the legal interest protected by the crime gives consent to the violation of the interest, this consent affects the element of unlawfulness and renders the act lawful.133 The consent of the relevant person does not constitute a reason for lawfulness in every case. In order for the consent of the relevant person to render the act committed lawful, certain conditions must be met. In order for the declaration of consent to constitute a reason for lawfulness, first of all, there must be a matter that the person can freely have disposition over.134 In cases that directly affect the interests of the state and society and harm these interests, the existence of the consent of the relevant person is not taken into account, since the state and society are the ones who are primarily harmed 130 Kangal, p. 445. 131 Mehmet Emin Artuk/Ahmet Gökçen/Ahmet Caner Yenidünya, Ceza Hukuku Genel Hükümler, Turhan Kitabevi, 4. Baskı, Ankara, 2009, p. 425; Özgenç, p. 323. 132 Kangal, p. 445-446; Kahraman, p. 753. 133 Artuk/Gökçen/Yenidünya, p. 459. 134 Koca/Üzülmez, p. 292.
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