THE CRIME AND PUNISHMENT OF STERILIZATION - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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THE CRIME AND PUNISHMENT OF STERILIZATION

15 Mar THE CRIME AND PUNISHMENT OF STERILIZATION

Posted at 22:49h in INFORMATION by
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The Crime of Sterilization is TCK 101. It is regulated in the article. The act of sterilization can be performed on men, as well as on women. If this operation is carried out with the consent of the person, it is considered a crime. In addition, in order for the sterilization process to be considered a crime, the sterilization must be performed by someone who does not have the authority. For example, if a person other than a medical professional makes a request for sterilization and the person performs this procedure, the crime of sterilization will be committed even if there is consent. The law states that anyone can commit the crime of sterilization, regardless of whether it is medical personnel or not. In order for medical personnel to have committed this crime, they must perform sterilization without consent, while those who are not on duty outside of this commit the crime of sterilization if they perform sterilization with or without an official and are punished in accordance with TCK 101.

It should be noted that the process of castration is also referred to in TCK 101.it is evaluated within the scope of the article. In addition, in the event that sterilization is performed by medication or other medical methods, it is also included in TCK 101. Sterilization of a person without his will or performing sterilization other than medical personnel, even if there is a will, causes a crime within the framework of TCK 101.

On the other hand, even if the person does not have the willpower, the sterilization process can be performed by doctors in medically necessary cases. This is considered to be the reason for compliance with the law on the mentioned crime. If people who do not have medical personnel perform sterilization without an obvious benefit as a reason for compliance with the law, they will again have to be punished in accordance with TCK 101.

If the crime of sterilization is committed by persons who are not authorized to commit the act of sterilization, the penalty to be given is also increased by 1/3.

In case of causing death or bodily harm to a person during the act of sterilization, the perpetrator will be held responsible in accordance with the provisions on aggravated crimes as a result of the perpetrator. Therefore, the implementation of TCK md 87 is in question.

 

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