35 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR act of the other as perpetrator, instigator or aider and abettor, depending on their contribution to the act.161 Since the aforementioned article does not stipulate a special regulation on participation, the general rules in our criminal code will be applied regarding participation.162 Each person who commits the act included in the legal definition of the crime with the will of participation by agreeing and cooperating among themselves is a joint perpetrator and each accomplice is responsible for the unlawful act committed in the status of perpetrator. (TPC Art. 37/1) For example, the person who encourages the perpetrator not to comply with the measures taken by the competent authorities will be punished as an instigator. (TPC Art. 38) A person who provides the perpetrator with ladders to climb over the iron barriers placed around the quarantine zone by the competent authorities or provides the perpetrator with appropriate clothing to enable them to escape from the quarantine zone by introducing themselves as health workers will be punished as an aider and abettor (TPC Art. 39).163 VIII. SANCTIONS The sanction stipulated in Article 195 of the TPC for the offence of acting contrary to the measures regarding contagious diseases is imprisonment from two months to one year. The sanction of the offence is determined only as imprisonment and no additional judicial fine is envisaged. Since the imprisonment sentence of one year or less envisaged under this article is a short-term imprisonment sentence according to paragraph 2 of Article 49 of the TPC, it can be converted to the alternative sanctions specified in Article 50 of the TPC. Again, the court may postpone the imprisonment sentence according to Article 51 of the TPC.164 The discretionary reduction reasons set forth in Article 62 of the TPC may also be applied for this type of offence.165 The court may decide to defer the announcement of the verdict under Article 231 of the Criminal Procedure Code No. 5271. Since the upper limit of the sentence 161 Çakmut, p. 551. 162 Yaşar/Gökcan/Artuç, p. 6038; Çakmut, p. 551; Kangal, p. 449; Arslan/Azizağaoğlu, p. 819. 163 Kangal, p. 449. 164 Çakmut, p. 551; Kahraman, p. 759. 165 Çakmut, p. 550.
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