- Criminal Department 2018/1826 E. , 2018/1439 K.
“text of jurisprudence”
The crime of child sexual abuse and statutory rape qualified article within the scope of the investigation conducted 2017/926 bassavciliginc Republican Mut, the doctor being a victim of 10 Weeks 3 days pregnant to be found in the report …’s Mut for denial of the request for termination of pregnancy in the magistrates ‘ Bench, dated 18/05/2017 2017/211 different business following the decision of duplicate following the decision of the same court dated 25/05/2017 different business denial of the request 2017/219, 16/06/2017 dated the same request for denial of the appeal against the decision of the court cited 2017/261 investigation of different business process where it is not in the nature of the request of the public prosecutor must turn to bet because the request for the permission of the magistrate’s court in charge of Silifke regarding the denial of the magistrates ‘ bench, dated 2017/1301 different business 24/06/2017 of the decision of termination of pregnancy with regard to demand, because it the duty of the criminal judges of peace is within the scope of the task in terms of a denial to bet, MUT MUT competent judges magistrates on how to send the file to the decision of the magistrate’s court dated 30/06/2017 2017/23 different business subsequent to the request for a decision on whether to bet Mut previously evaluated magistrates ‘ Bench 10/07/2017 dated 2017/316 different business decision;
99 of the Turkish Penal Code No. 5237 entitled “Child Abortion”. contained in the article;
“(1) A person who aborts a woman’s child without her consent shall be punished with a prison sentence of five to ten years.
(2) A person who miscarries the child of a woman whose gestation period is more than ten weeks, even if it is based on consent, even if there is no medical necessity, shall be punished with a prison sentence of two to four years. In this case, a woman who consents to the abortion of her child is sentenced to imprisonment for up to one year or a judicial fine.
(3) If the act written in the first paragraph has caused the woman to suffer physical or mental health damage, the person shall be punished with a prison sentence of six to twelve years; if the act has caused the death of the woman, a prison sentence of fifteen to twenty years shall be imposed.
(4) If the act written in the second paragraph has caused the woman to suffer physical or mental health damage, the person shall be punished with a prison sentence of three to six years; if the act has caused the death of the woman, a prison sentence of four to eight years shall be imposed.
(5) Even if it is based on consent, if the child of a woman whose gestation period has not completed ten weeks is miscarried by an unauthorized person, a prison sentence of two to four years is imposed. If the other acts defined in the above paragraphs are committed by an unauthorized person, the penalty to be imposed in accordance with these paragraphs shall be increased by half.
(6) If a woman becomes pregnant as a result of a crime of which she is a victim, provided that the period is not more than twenty weeks and the woman’s consent, the person who terminates the pregnancy is not punished. However, for this, the pregnancy must be terminated in a hospital setting by specialized physicians.” shaped,
5 of the Law No. 2827 on Population Planning entitled “Termination of Pregnancy”. contained in the article;
“Until the tenth week of pregnancy is completed, the uterus is evacuated on request if there are no medical inconveniences in terms of the mother’s health.
If the gestation period is more than ten weeks, the uterus is evacuated only if the pregnancy threatens or threatens the mother’s life or will cause severe disability for the child to be born and the generations to follow it, with the reasoned reports of an obstetrician and gynecologist and a specialist from the relevant branch based on objective findings.
In case of emergency situations that threaten life or one of the vital organs if immediate intervention is not taken, the uterus is evacuated by making the necessary intervention by the authorized physician who detects the situation. However, the physician before the intervention, or if unavailable, the intervention is made at the latest twenty-four hours from the identity of the woman in the intervention, with the intervention government intervention in health care and social assistance directorates and districts tabiplik icabettiren reasons it is mandatory to report to.
The form and nature of the emergency response notification to be made and what it consists of and with the release of the uterus permit will be required from those who agreed to sterilization form and fill out the principles for them to be made, places, and other health conditions that need to be found in these places and these places as are specified in regulations to be issued related to the supervision and control of.” shaped,
6 of the Law No. 2827 entitled “Permission for Termination of Pregnancy”. contained in the article,
“the intervention specified in Article 5 depends on the permission of the pregnant woman, the consent of the guardian with the consent of the minor in minors, the consent of the magistrate together with the consent of the minor and the guardian in persons who are under guardianship or who are not minors. However, the consent of the pregnant woman who does not have the freedom of consciousness due to mental disability is not sought for the evacuation of the uterus.
If the persons specified in the second and first paragraphs of article 4 of article 5 and whose consent is to be sought are married, the consent of the spouse is also required for sterilization or uterine evacuation.
Permission from the parent or magistrate’s court is not required in emergency situations that threaten life or one of the vital organs if time is needed and immediate intervention is not taken.” when explanations such as,
The Republic of Mut bassavciliginc little victim …’alleged child sexual abuse and executed for the crime of statutory rape for a qualified article within the scope of the investigation 2017/926, the dean of the Medical Faculty of the University … the Department of Forensic Medicine Department of Internal Medicine
organized by 09/06/2017, dated in the Forensic Report No. 72846809/439708 “ as a result of the examination in the Department of child psychiatry, received 12 weeks 6 days pregnant women learnt from the stories of sexual abuse as a result of the pregnancy is the result of abuse, mother’s age and mother lived the termination of pregnancy because the process of emotionally traumatic for both mother and fetus (baby) medical benefit…” in the form of an opinion agreed on by the parents, and subsequently with the victims in a written petition addressed to the public prosecutor 15/06/2017 MUT demand that I be allowed to have an abortion in the face of,
Under the legislation cited above, the evaluation of the task in question of the request for termination of pregnancy in the magistrates ‘bench is evaluated in the task, therefore Mut magistrates’ bench dated for rejection of the request for termination of pregnancy in case of appeal against the decision on 16/06/2017 2017/261 different business, the basics that should be considered by any notice of Appeal was entered on, demand, where the process is not in the nature of the inquiry, the public prosecutor in charge should turn bet request for the permission of the magistrate’s court, 309 of the Code of Criminal Procedure No. 5271 with a bet since there was no hit in the decision to reject the appeal, which is considered to be tacitly in the nature of dereliction of duty. the need for corruption in accordance with the article of the General Directorate of Criminal Affairs of the Ministry of High Justice stated, 19/01/2018 days and 94660652-105-33-8579-2017-Puk Law numbered 94666552 with reference to corruption with reference to the notification from the Chief Public Prosecutor’s Office of the Court of Cassation and the need to be deposited with the case documents to the Department was considered necessary:
Of the Child Protection Law No. 5395 protective and supportive measures titled 5/1-d of the article “health measures, the child’s physical and mental health necessary for the prevention and treatment of temporary or permanent medical care and rehabilitation, those who use to be made of the treatment of addictive substances” and the application of these measures to include the provision during an investigation, Magistrates ‘Court within the scope of the duty of the health measures in the evaluation of the presence in the face of demand notice by the prompt reversal in favor of the law in the first place since it was considered based on claims of Silifke with the acceptance of the magistrates’ bench, dated 2017/1301 CMK 24/06/2017 of various business decision No. 309. in accordance with the article, it was unanimously decided on 05/03/2018 that the subsequent actions should be carried out by the authority in accordance with the reason for the violation, the file should be submitted to the Chief Public Prosecutor of the Court of Cassation for sending to the scene.
