Sterilization Offense is regulated in Article 101 of the TURKISH CRIMINAL LAW. Sterilization can be done to men as well as to women. If this action is carried out against the consent of the person, it is considered a crime. Apart from this, in order for the sterilization process to be considered a crime, the sterilization must be done by someone who is not authorized. For example, if the request for sterilization is made by a person other than a medical professional, and if the person also 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, whether they are medical personnel or not. In order for medical personnel to commit this crime, they have to perform sterilization without consent, but if they do the sterilization process, whether they are on duty or not, they commit the crime of sterilization and are punished according to the Turkish Penal Code 101.
It should be noted that the castration process is also evaluated within the scope of Article 101 of the TURKISH CRIMINAL LAW. Apart from this, in case of sterilization with drugs or other medical methods, it is subject to Turkish Penal Code 101. Sterilization of a person without his will or sterilization outside of medical personnel, even if he has a will, causes crime within the framework of TURKISH CRIMINAL LAW 101.
On the other hand, even if the person does not have the will, sterilization can be performed by doctors in cases where it is medically necessary. This aforementioned crime is accepted as a reason for compliance with the law. Persons who are not medical personnel will have to be punished in accordance with the Turkish Penal Code 101 if they perform sterilization without an obvious benefit as a legitimate reason.
In case of committing the crime of sterilization by persons who are not authorized to commit the act of sterilization, the penalty to be imposed is increased by 1/3.
In the event that the person causes death or bodily harm during the act of sterilization, the perpetrator will be held responsible within the framework of the provisions regarding aggravated crimes. Therefore, the application of Article 87 of the TURKISH CRIMINAL LAW is in question.
