33 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR execution of a public activity by appointment or election or in any other way, permanently, for a period of time or temporarily”.152 The person in charge of implementing the quarantine measures taken by the competent authorities will be considered a public official because they participate in a public activity within the scope of Article 6/1-c of the TPC, whether they are civil servants or not.153 If the perpetrator prevented the implementation of the measures by insulting public officials who want to implement the measures taken by the competent authorities, since the act will also constitute the offence of insulting a public official (Art. 125/3- a of the TPC), subparagraph (a) of paragraph 3 of Article 125 of the TPC, which has a higher penalty, will be applied in accordance with the rule of different types of intellectual concurrence.154 If the act of non-compliance with the measures taken by the competent authorities regarding contagious diseases takes place in the form of property damage (for example, if the perpetrator acts contrary to the measures taken by breaking and destroying the barriers in the quarantine zone), the perpetrator commits both the crime of property damage and the offence of acting contrary to the measures regarding contagious diseases with these actions. In this case, it is possible to apply Article 44 of the TPC. According to the rule of different types of intellectual concurrence, the perpetrator will be held responsible for the crime of damage to property with a heavier penalty in accordance with the provision of Article 152/1-a of the TPC.155 The act of contradicting the measures regarding contagious diseases under Article 195 of the TPC is also regulated as a misdemeanour under Article 32 of the Second Part of the Misdemeanour Law No. 5326 under the title of “Violation of Order”.156 Accordingly, acting 152 Kahraman, p. 758. 153 Kahraman, p. 758. 154 Kangal, p. 447. 155 Kangal, p. 447. 156 Article 32 of the Law No. 5326 on Misdemeanors reads as follows “Any person who violates an order issued by the competent authorities in accordance with the law, for judicial proceedings or for the protection of public security, public order or public health, shall be imposed an administrative fine of one hundred Turkish Liras. This fine shall be decided by the authority issuing the order” (f. l). “This Article may only be applied in cases where there is an explicit provision in the relevant law” (f. 2).
RkJQdWJsaXNoZXIy MTQ3OTE1