TBB Dergisi 2023 İngilizce Özel Sayı

41 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR of public health. Therefore, the aim here is to prevent possible damages and dangers to the health of the individuals constituting the society by preventing the further spread of contagious diseases. In this regard, anyone who fails to comply with the measures taken or implemented by the competent authorities regarding the quarantine of the place where a person who has contracted one of the contagious diseases or who has died from these diseases is located may be the perpetrator of the offence. Since the relevant article does not require a special qualification for the perpetrator, there is no specific offence here. Since the health of everyone living in the society is likely to be harmed, the victim of the offence is each member of the society. The offence of acting contrary to the measures regarding contagious diseases is a result crime, since it can be committed by any action. For the offence to be completed, it is sufficient for the perpetrator to fail to comply with the measures taken by the competent authorities in any way. In addition, it is not necessary to use force, violence or threats in order not to comply with the measures taken. Since Article 195 of the TPC does not require a result in the form of concrete danger or damage, the crime is an abstract endangerment. The act of contradicting the measures taken by the competent authorities regarding quarantine or not complying with the measures they apply can be committed through an executive or negligent act. Article 195 of the Turkish Penal Code No. 5237 regulates the offence of acting contrary to the measures regarding contagious diseases, which is an offence that can be committed intentionally. The intention here is that the perpetrator knows the measures taken by the competent authorities to quarantine the place where the person who has contracted one of the contagious diseases or died from these diseases is located and does not comply with these measures knowingly and willingly. In terms of the relevant offence, the existence of general intent is sufficient and it is not necessary for the perpetrator to commit the offence with a special motive. In addition, the negligent form of the act is not defined as an offence in Article 195 of the TPC. The offence of acting contrary to the measures regarding contagious diseases may be lawful if it is committed within the scope of “fulfilment of the provision of the law” in Article 24/1 of the TPC. In

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