34 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) contrary to the orders issued by the administration for the protection of public health in accordance with the law in cases specified in the law constitutes both a misdemeanour and requires an administrative fine and constitutes the crime under Article 195 of the TPC. In this case, Article 195 of the TPC will be applied pursuant to the rule “if an act is defined as both a misdemeanour and a crime, only the crime can be sanctioned” in paragraph 3 of Article 15 of the Law on Misdemeanours No. 5326.157 However, in cases where sanctions cannot be imposed for the crime, the corresponding sanction in the Law on Misdemeanours No. 5326 shall be imposed for the misdemeanour.158 Regulations regarding the quarantine of a place due to contagious and epidemic diseases and the measures to be applied are included in Articles 72 and 73 of the Public Health Law No. 1593. Again, Article 282 of the Public Health Law No. 1593 stipulates; (Amended Article: 23.01.2008 Law No.5728/Article 48) “Those who act contrary to the prohibitions stipulated in this Law or who do not comply with the obligations shall be imposed an administrative fine from 789 Turkish Liras to 3,180 Turkish Liras, unless their acts also constitute a crime”.159 Based on the phrase “unless their acts also constitute a crime” in the article, it is possible to conclude that Article 195 of the TPC, which is the primary norm, will be applied without taking into account Paragraph 3 of Article 15 of the Law on Misdemeanours No. 5326.160 C. Participation More than one person may have acted contrary to the quarantine measures regarding contagious diseases under Article 195 of the TPC No. 5237 in the form of participation, or one may have participated in the 157 Kangal, p. 448. 158 Malkoç, p. 3233. 159 Article 17/7 titled “Administrative fine” of the Misdemeanor Law No. 5326 published in the Official Gazette of 31.3.2005 no. 25772 (Repeated) states as follows: “Administrative fines are applied by increasing the revaluation rate determined and announced in accordance with the provisions of Article 298 of the Tax Procedure Law of 4.1.1961 no. 213 for that year to be valid at the beginning of each calendar year. In this way, the fractions of one Turkish Lira shall not be taken into account in the calculation of the administrative fine. The provision of this paragraph shall not be applicable for administrative fines of a proportional nature”. 160 Önok, p. 180; Kangal, p. 447.
RkJQdWJsaXNoZXIy MTQ3OTE1