R&S - Research Studies Anatolia Journal
Yazarlar: Berna Ayşen YILMAZ
Konular:Sosyal
DOI:10.33723/rs.430548
Anahtar Kelimeler:Abortion,Fetus,Victim,Legal Issue,Chained Crime
Özet: As a result of the amendments made in the NPHK and TCK provisions in 1983, the crime of abortion was regulated under the found under the title of “crimes against persons” instead of “crimes against the integrity of the race and health”. On the basis of the article stated that the NPHK provisions were taken into consideration in the regulation of the crime of abortion, at NPHK m. 2, population is defined as the ability of the individual to decide when and how many children they desire. It is right choice fort he woman to decide to own the child or for her parents to do family planning, not to engage in the state or society, but to deal with the rights and freedoms of the individual under the guise of crimes against persons. Nevertheless, legal regulation cause difficulty in determining whether crime can be applied in terms of legal issue of crime, victim and chain crime provisions. Before anything else, since it is not possible ofr both perpetrator and victim to commit the crime of abortion thar woman committed on her own body, the question of whether or not the victim is a fetus will come into. When take into consideration current legal regulations, since the victim are limited to natural persons, legal entities or collective organisms that do not have legal personality in the form of a family, society and state community, the fetus will not be accepted a victim. A similar situation is arisen when a crime against the same person is committed more than once, the fact that the fetus does not be regarded as person will make it impossible to determine the field of applicaion of the chain crime provisions. For these reasons in this study, it will be examined whether it would be possible to regulate the crime of abortion in TCK m. 99 so that it would remain among crimes against the person, and if it is not possible, how it should be regulated in criminal law.