- 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;
Article 99 of the Turkish Criminal Code No. 5237 entitled “Child Reduction”. contained in the article;
“(1) A person who miscarries a woman’s child without her consent is punishable by imprisonment from five to ten years.
(2) A person who miscarries a child of a woman whose gestation period is more than ten weeks, even if it is consensual, in the absence of medical necessity, is punished with a prison sentence of two to four years. In this case, up to a year in prison or a judicial fine is imposed on the woman who consented to the miscarriage of her child.
(3) If the act written in the first paragraph has caused harm to the woman’s physical or mental health, the person shall be punished with a prison sentence of six to twelve years; if the act has caused the woman’s death, a prison sentence of fifteen to twenty years shall be imposed.
(4) If the act written in the second paragraph has caused a harm to the woman’s physical or mental health, the person shall be punished with a prison sentence of three to six years; if the act has caused the woman’s death, a prison sentence of four to eight years shall be imposed.
(5) If the child of a woman whose gestation period has not reached ten weeks is aborted by an unauthorized person, even if it is consensual; 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 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, the term of which is not more than twenty weeks and provided that the woman has the consent, the terminator shall not be punished. However, for this, it is necessary to terminate the pregnancy in a hospital setting by specialist physicians.” shaped,
article 5 of the Law No. 2827 on Population Planning entitled “Termination of Pregnancy”. contained in the article;
“Until the tenth week of pregnancy is over, the uterus is evacuated on request if there are no medical inconveniences for the mother’s health.
If the gestation period is more than ten weeks, the uterus is evacuated only if the pregnancy threatens the mother’s life or causes severe disability for the child to be born and the generations to follow it, with the reasoned reports of the obstetrician-gynecologist and a specialist from the relevant branch based on objective findings.
In case of an emergency that threatens life or one of the vital organs if it is not immediately intervened, the uterus is evacuated by performing the necessary intervention by the authorized physician who determines 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 notification to be made, the form and filling principles of the permission document to be requested from those who accept sterilization and evacuation of the uterus, the places where they will be made, the health and other conditions that must be present in these places, and the issues related to the supervision and supervision of these places are specified in the statute to be issued.” shaped,
6 of the Law No. 2827 entitled “Permission for Termination of Pregnancy”. contained in the article,
“the intervention referred to in Article 5 depends on the permission of the pregnant woman, the consent of the minor and the permission of the guardian in minors, the consent of the minor and the consent of the minor and guardian in persons who are under guardianship and underage or not, as well as the consent of the magistrate. But for a pregnant woman who does not have the freedom of consciousness due to mental disability, her own consent is not sought for the evacuation of the uterus.
if the persons specified in the second paragraphs of Article 4 and the first paragraphs of Article 5 and whose consent will be sought are married, the consent of the spouse is also required for sterilization or evacuation of the uterus.
Permission is not required in emergency situations that threaten life or one of the vital organs, if permission from the parent or magistrate’s court is needed in time and is not immediately intervened.” when the explanations are taken into consideration,
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 Criminal Procedure Code No. 5271 with a bet, as there is no hit in the decision to dismiss the appeal, which is tacitly considered to be of an off-duty nature. in accordance with article 94660652-105-33-8579-2017- the declaration of the General Directorate of Criminal Affairs of the Ministry of Justice of the Supreme Court of Justice with a notification from the Prosecutor General’s Office of the Supreme Court with reference to the violation for the benefit of the Law No. 19/01/2018 was considered necessary to be deposited with the notice and case documents to the Department together with the notification:
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, the decision of the Silifke Magistrate dated 24/06/2017 and amended on 2017/1301 of the Decision No. 309 of the CMK upon acceptance of the request was deemed to be in place of the notification based on the request to disrupt the benefit of the law by evaluating the request within the scope of the duty of the Magistrates’ Court to include the provision ”To treat those who use addictive substances” and to apply this measure during an investigation. according to the article, it was decided unanimously on 05/03/2018 that the subsequent actions should be taken by the authority in comparison with the reason for the deterioration, and the file should be transferred to the Prosecutor General’s Office of the Supreme Court of Cassation to be sent to the scene.
