31 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR area without permission from the authorities, the perpetrator will be responsible for the attempt.140 It is possible to apply the provisions on voluntary renunciation for the offence of acting contrary to the measures regarding contagious diseases.141 If the perpetrator voluntarily gives up the performance of the crime or prevents the completion of the crime or the realization of the result by their own efforts, they will not be punished for the attempt; however, if the completed part constitutes a crime, they will only be punished with the penalty of that crime (TPC Art. 36).142 For example, if a person who wants to leave the place where they are kept under quarantine, injures the authorized officers and gives up when they are about to carry out their action, they will not be responsible for the offence of acting contrary to the measures regarding contagious diseases, but will be responsible for the crime of intentional injury.143 On the other hand, in order for the perpetrator to benefit from the provisions of effective remorse, it must be clearly stipulated in the law. Since Article 195 of the TPC does not include effective remorse, it is not possible for the perpetrator to benefit from the effective remorse provisions in relation to the offence of acting contrary to the measures regarding contagious diseases.144 B. Concurrence In the event that the perpetrator fails to comply with the quarantine measures regarding contagious diseases taken by the competent authorities in more than one place and more than once at different times within the scope of the execution of a criminal decision, the provisions of successive offences will be applied. (Art. 43/1 of the TPC) 140 The crime of violating the measures regarding contagious diseases is completed when the measures taken are violated. Since it is not a crime of harm, the act and the result cannot be separated from each other, and the act cannot be divided into parts. For the views that it is not possible to attempt the crime since the executive movements cannot be divided into parts, see Hafızoğulları/Özen, p. 129; Kangal, p. 442; Yaşar/Gökcan/Artuç, p. 6038; Çakmut, p. 550. 141 Kangal, p. 442-443. 142 Hüseyin Acar, Türk Ceza Hukukunda Gönüllü Vazgeçme Kurumu, Adalet Yayınevi, Ankara, 2013, pp. 41-55. 143 Kahraman, p. 756. 144 Kahraman, p. 756.
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