The crime of child molestation is TCK’s 100th. It is regulated in the article. If the legal period for which a person can terminate a pregnancy voluntarily exceeds 10 weeks, the pregnant woman will be punished with a prison sentence of up to 1 year or a judicial fine if she deliberately miscarries her child. A crime is a specific crime, and the perpetrator of the crime is a pregnant woman. It is a crime that can only be committed intentionally because the taksirli state of the crime is not foreseen in the spiritual element of the crime.
A person who provides a pregnant woman with a means to reduce or create a child, or encourages or encourages her to lower her child, may also be punished by the provisions of the subsidiary.
On the other hand, the follow-up of the relevant crime does not depend on the complaint. The official court is the Criminal Courts of First Instance.
In terms of the crime of child abortion, the legislator has made a distinction based on whether the pregnant woman’s consent is found in the act that constitutes the crime or not. The crime of child abortion is also regulated in TCK m 99. According to the relevant article of the law, termination of pregnancy without the consent of the pregnant woman, regardless of which week it is, is subject to certain criminal sanctions. Accordingly, a person who miscarries a woman’s child without consent is punished with a prison sentence of five to ten years. However, if a woman has suffered harm to her physical or mental health, the person is punished with imprisonment from six to twelve years, as the legislator considers this to be the reason for increasing the sentence. If the act causes the death of a woman, the legislator’s sanction is regulated in the form of imprisonment from fifteen to twenty years. Due to the aggravation of the nature of the punishment of the crime, Severe Criminal Courts are in charge.
In order for the relevant crime to be committed, the woman must be pregnant and in the womb of the fetus.
99 Of TCK. Article 2. the medical conditions mentioned in the paragraph are as follows:
The fact that pregnancy becomes a threat to the life of the mother or one of the vital organs,
The fact that it will threaten the life of the mother or one of the vital organs in the later period of pregnancy,
This is because pregnancy will cause severe disability for the child who will be born and the generations who will follow him.
The reason for compliance with the law is regulated in relation to this particular case. Pregnancy can be terminated in a hospital setting by specialized doctors regardless of the duration of pregnancy with the reports of the delegation received from medical institutions.
Another reason that eliminates the defect in the mentioned crime is the termination of pregnancy in the case when the pregnant woman is the victim of a crime. If the pregnant woman is a victim of any crime, she may, by her own consent, obtain permission from the judge on the 20th day of pregnancy. if it is not more than a week, it can make the child miscarry. If a woman who has been sexually assaulted or conceived during prostitution is intentionally a victim of a child abortion crime, 20 by specialist doctors with the permission of a judge of her own accord. it can terminate a pregnancy up to a week.
An important aspect in the relevant crime is who will terminate the pregnancy. Pregnancy can end only in a hospital by specialized doctors. TCK m. 99/5 ” even if it is consensual, if the child of a woman whose gestation period has not exceeded ten weeks is dropped by an unauthorized person; a prison sentence of two to four years is imposed. If other acts defined in the above paragraphs are committed by a person who is not authorized, the penalty to be imposed in accordance with these paragraphs is increased by half, ”termination of pregnancy in the regulation also states that unauthorized persons will be punished. In this case, this crime occurs even though the legal period of 10 weeks has not expired. The perpetrator of this crime is a person or persons who are not authorized to terminate a pregnancy.
