36 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) is imprisonment not exceeding two years, simple trial procedure may be applied in the trial according to paragraph 1 of Article 251 of the Criminal Procedure Code. Pursuant to Article 266 of the TPC, if a public official used the tools and equipment that they had in their possession as a requirement of their duty during the commission of the offence, the penalty to be imposed shall be increased by one-third.166 IX. STATUTE OF LIMITATIONS Statute of limitations is a concept of criminal law that results in the dismissal of a criminal case if a certain period of time has elapsed from the date of the commission of the offence and the case has not been filed, or if the case has been filed but has not been concluded within the statutory period.167 Since the statute of limitations for crimes punishable by imprisonment for not more than five years or a judicial fine is eight years, the statute of limitations for the prosecution of the offence of acting contrary to the measures regarding contagious diseases should be applied as eight years from the date of the crime.168 X. ADJUDICATION The investigation and prosecution of the offence of acting contrary to the measures regarding contagious diseases are not subject to the complaint of the injured party. These offences are subject to investigation and prosecution ex officio. In terms of Article 11 of the Law No. 5235 on the Establishment, Duties and Powers of the Courts of First Instance and Regional Courts of Appeal, the criminal courts of first instance are authorized to hear the case. The competent court in terms of location is the court in the place where the measures regarding contagious diseases are not complied with by the perpetrator or where the measures are contradicted.169 Since the offence is not within the scope of prepayment and the predicate offences listed in subparagraph (b) of paragraph 1 of Article 253 of Law No. 5271, it is not within the scope of reconciliation.170 166 Kangal, p. 449; Bayzit, p. 886. 167 İçel, p. 759; Soyaslan, p. 592-593; Özgenç, p. 952-953. 168 Kahraman, p. 760. 169 Önok, p. 180; Yaşar/Gökcan/Artuç, p. 6039. 170 Çakmut, p. 552.
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