Türkiye İnsan Hakları ve Eşitlik Kurumu Akademik Dergisi

Yazarlar: Yusuf EŞBERK

Konular:Hukuk

Anahtar Kelimeler:Hunger Strike,The Crime of Preventing Nutrition,298th article of the Turkish Penal Code

Özet: The crime of preventing the exercise of rights and nutrition is regulated in the 298th article of the Turkish Penal Code. The first part of this crime is about preventing the exercise of rights, the second part is about the acts of preventing nutrition. Preventing the nourishment of detainees and convicts constitutes this crime. Again, encouraging or persuading detainees and convicts to go on hunger strike or instructing them on this issue leads to the crime of obstruction of nutrition. Since the hunger strike is not a crime, Article 298 of the TCK is not a special participation regulation, it is a separate crime. In addition, the third paragraph of the same article leads to objective liability. In this article, the elements of the crime of preventing nutrition will be examined, the legal status of the people on hunger strike will be evaluated and a law amendment proposal will be presented regarding TCK Art.298/3.

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