Sterilization Crime And Punishment - 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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Sterilization Crime And Punishment

Sterilization Crime And Punishment

The crime of neutering is TCK 101. It is regulated in the article. The act of neutering can be done to men as well as to women. This was considered a crime if the act was carried out with the consent of the person. In addition, in order for neutering to be considered a crime, neutering must be performed by someone who does not have the authority. For example, if a person makes a request for neutering from a person other than a medical professional, and the person performs this procedure, even if it is consensual, the crime of neutering will be committed. The law stated that anyone, medical personnel or not, can commit the crime of neutering. In order for medical personnel to commit this crime, they must perform neutering operations other than consent, while those who are not on duty other than this commit the crime of neutering, whether they are on duty or not, and they are punished according to TC 101.

It should be noted that the process of castration is also TCK 101.it is evaluated within the scope of the article. In addition, in case of sterilization with medication or other medical methods, TCK 101 is formed. Even if a person is neutered without his will or neutered outside medical personnel, it leads to the formation of a crime within the framework of TCK 101.

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

If the crime of neutering is committed by people who are not authorized to perform the act of neutering, the penalty that will be given is also increased by 1/3.

If a person causes death or bodily harm during the act of sterilization, the perpetrator will be held liable in accordance with the provisions on aggravated crimes due to the result. Therefore, the application of TCK md 87 is in question.

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