THE OFFENCE OF ACTING CONTRARY TO MEASURES TO CONTAIN CONTAGIOUS DISEASE (TPC ART. 195) BULAŞICI HASTALIKLARA İLİŞKİN TEDBİRLERE AYKIRI DAVRANMA SUÇU (TCK m. 195) Hüseyin ACAR* Abstract: With the transition to sedentary life by human beings, who have struggled with various epidemic diseases throughout history, and the increase in interaction between societies, the rate of spread of epidemics has also increased. At the end of December 2019, we encountered a new epidemic that has changed our agenda, life and our expectations related to the future. This epidemic, the novel coronavirusCOVID-19, has revealed consequences that will radically affect social relations, behavioral patterns, social, political, cultural and economic infrastructure, as well as the deeprooted problems it has caused in terms of human health. Various measures are taken by the competent authorities in order to prevent the COVID-19 epidemic, which will be felt all over the world for many years and is declared as a pandemic (global epidemic) by the World Health Organization. In order to protect public health in the fight against such contagious diseases, acting contrary to the quarantine measures taken by the competent authorities regarding the location of the person who contracted a contagious disease or died due to such a disease is defined as a crime, and is regulated under the heading “Acting Contrary to Measures to Contain Contagious Disease” of Article 195 of the Turkish Penal Code No. 5237. The commission of this type of offence, which arises if it is conducive to violating measures regarding contagious diseases, can be carried out through active or passive actions. The transmission of the disease to others or certain people being harmed due to the disease are not necessary for the completion of the offence. The offence is completed by violating the quarantine measures taken by the competent administrative authorities. Although the type of crime in Article 195 of the TPC is not subject to complaint, prison sentence is prescribed as a sanction. Keywords: Contagious Disease, Principle of Legality, Public Health, Quarantine Measures, Acting Contrary to Measures * Dr., Ministry of National Education, [email protected], ORCID: 00000003-4424-7219, Date of Submission: 20.10.2021, Acceptance Date: 09.11.2021
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