23 Apr THE CRIME OF MISCARRIAGE AND ILLEGAL ABORTION
The crime of child miscarriage is the 100th of the TCK. It is organized in the article. It is stated in the article that if the legal period during which a person can terminate his pregnancy at will exceeds 10 weeks, the pregnant woman will be punished with a prison sentence of up to 1 year or a judicial fine if she intentionally miscarries her child. The crime is a specific crime, and the perpetrator of the crime is a pregnant woman. It is a crime that can only be committed intentionally because its taxable form is not foreseen in the spiritual element of the crime.
A person who supplies a pregnant woman with a means that will enable or benefit her to miscarry a child, or encourages or incites her to miscarry her child, may also be punished by the provisions of the subsidiary.
On the other hand, the pursuit of the relevant crime does not depend on the complaint. The court in charge is the Criminal Courts of First Instance.
In terms of the crime of infanticide, the legislator has made a distinction according to whether the pregnant woman has consent to the act that constitutes the crime or not. The crime of infanticide is regulated in the TCK m 99. According to the relevant article of the law, termination of pregnancy without the consent of the pregnant woman, regardless of which week it was in, is subject to certain criminal sanctions. Accordingly, a person who miscarries a woman’s child without consent is punished with a prison sentence of five to ten years. However, if a harm has been caused to the woman’s physical or mental health, the person is punished with a prison sentence of six to twelve years because the legislator considers this situation to be the reason for increasing the punishment. If the act caused the death of the woman, the legislator’s sanction is regulated in the form of imprisonment from fifteen to twenty years. Due to the aggravation of the nature of the punishment for the crime, Severe Criminal Courts are in charge.
In order for the relevant crime to be committed, the woman must be pregnant and the fetus must be in the womb.
99 of the TCK. Article 2. the cases of medical necessity mentioned in the paragraph are stated as follows:
The fact that pregnancy threatens the life of the mother or one of the vital organs,
The fact that pregnancy will threaten the life of the mother or one of the vital organs in the later process,
This is because pregnancy will cause severe disability for the child who will be born and the generations who will follow him.
In connection with this particular case, the reason for compliance with the law has been regulated. Pregnancy can be terminated in a hospital setting by specialist physicians regardless of the duration of pregnancy with the help of delegation reports received from medical institutions.
Another reason that eliminates the defect in the aforementioned crime is the termination of pregnancy in the event that the pregnant woman is the victim of a crime. If the pregnant woman is the victim of any crime, she can be released from the 20th week of pregnancy with the permission of the judge of her own consent. if he has not passed the week, he can have the child aborted. A woman who has been intentionally sexually assaulted by a victim of a child-reduction crime or who has become pregnant during prostitution by specialized doctors with the permission of a judge on her own consent 20. it can terminate pregnancy up to a week.
The important issue in the related crime is who will terminate the pregnancy. Pregnancy can only be terminated in a hospital by specialist doctors. TCK m. 99/5 ” even if it is consensual, if the child of a woman whose gestation period has not reached ten weeks is dropped by an unauthorized person; a prison sentence of two to four years is imposed. If other acts defined in the above paragraphs are committed by an unauthorized person, the punishment to be given in accordance with these paragraphs is increased by half and sentenced ”In the regulation Termination of pregnancy will also be punished by unauthorized persons. In this case, although the 10-week legal period has not expired, this crime occurs. The perpetrator of this crime is a person or persons who are not authorized to terminate the pregnancy.
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