42 The Offence of Acting Contrary to Measures to Contain Contagious Disease (TPC ART. 195) the case of fulfilment of the provision of the law, the legislator did not accept responsibility for the person who fulfilled the provision of the law and decriminalized the act. In the offence of acting contrary to the measures regarding contagious diseases, as a rule, the provisions on legitimate defence in Article 25/1 of the TPC do not apply. The state of obligation or necessity as a reason for lawfulness (Art. 25/2 of the TPC) is applicable for the offence of acting contrary to the measures regarding contagious diseases. The exercise of the right in Article 26/1 of the TPC cannot be accepted as a reason for lawfulness in terms of the type of crime in Article 195 of the TPC. Since the offence of acting contrary to the measures regarding contagious diseases does not have a specific victim and the offence is committed against everyone in the society, the “consent of the relevant person” in Article 26/2 of the TPC cannot be applied in this type of offence as a reason for lawfulness. In the event that the offence cannot be completed due to an exceptional reason not under the control of the perpetrator, the attempt to commit the offence under Article 195 of the TPC shall be taken into consideration. In the event that the perpetrator infects others due to not complying with the measures taken by the competent authorities, the provisions on intentional injury (TPC Art. 86- 88) shall be applied if the perpetrator acted intentionally, and the provisions on negligent injury (TPC Art. 89) shall be applied if the perpetrator did not act with the intention of infecting another person, but acted contrary to the measures by not showing the necessary caution and care. If the infected person dies, the provisions of the crime aggravated by the consequences should be applied. In this case, Article 195 of the TPC shall not be applied. The investigation and prosecution of the offence of acting contrary to the measures regarding contagious diseases do not depend on the complaint of the victim of the offence. These offences are subject to ex officio investigation and prosecution. The perpetrator is punished with imprisonment from two months to one year. The sentence may be suspended. When it is a short-term prison sentence, it may be converted into alternative sanctions. Article 11 of the Law No. 5235 on the Establishment, Duties and Powers of the Courts of First Instance and Regional Courts of Appeal, criminal courts of first instance are
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