Official Gazette ‘Prevention of Violence Against Women and Health Workers’ Act

Amendments to the Turkish Penal Code and some laws aimed at preventing violence against women and health workers have been enacted.


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Amendments to the Turkish Penal Code and some laws relating to the prevention of violence against women and healthcare professionals have been published in the official gazette and have come into force.

By law, the reasons for the considerable reduction in the Turkish penal code will be limited. The unrepentant behavior of the offender will not be taken as a basis for deliberate reduction.

The formal attitude and behavior of the offender during the trial, such as paying attention to his camouflage and attire, wearing a suit and tie, will not be considered as a reason for discretion. If a discretionary discount is applied, the reasons must be shown in the decision.

Punishment will be increased if crimes like intentional killing, intentional injury, intimidation, torture and ill-treatment are committed against women in order to more effectively deal with and prevent violence against women.

A case of intentional homicide against a woman will be included in the case. Although intentional murder is punishable by life imprisonment, if the crime is committed against a woman, the punishment is life imprisonment.

If the crime of intentional injury, which can be remedied through general medical intervention, is committed against a woman, the lower sentence will be increased from 4 months to 6 months imprisonment.

If the crime of torturing a woman is committed, the lower limit of three years imprisonment will be increased to 5 years.

If the crime of torture against a woman is committed, the lower limit of 2 years imprisonment will be increased and 2 years and 6 months imprisonment will be given.

If a woman is convicted of threatening to attack her life, body or immune system, the minimum sentence will be 9 months imprisonment.

If it is a crime to deprive the public of the right to benefit from public services, the penalty will be increased to one-sixth.

The perpetrator is following

Actions described as endless pursuit would be considered an independent offense. A perpetrator who causes serious inconvenience to a person or is concerned about the safety of himself or his relatives by constantly physically following or attempting to communicate using communication and communication tools, information systems or third parties will be punished. 6 months to 2 years ..

The crime of incessant pursuit occurs against the child or spouse that has been divorced or divorced; Forcing the victim to change school, workplace, place of residence or to leave school or work; If it is committed by an offender, for which a restraining order has been issued or is measured not to go near the residence, school or workplace, the offender will be sentenced to 1 year to 3 years imprisonment. The investigation and trial of this crime will depend on the allegations.

According to the law, the catalog offenses include intentional injury offenses against women and intentional injury offenses committed against health workers and employees working in the organization during or during their duty.

In cases where the crime of intentional injury is committed against a person who is incapable of defending himself physically or spiritually, or with a monstrous feeling, it would also be a catalog offense.

Amendments will be made in the paragraph entitled “Rights of Victims and Complainants” of the Criminal Procedure Code. In accordance with the regulations, the Turkish Penal Code will cover the offenses of sexual exploitation of children or offenses of continuous harassment and intentional injury, torture or mistreatment of women. Thus, during the investigation and trial stages, especially women who have been victims of violence, they will benefit from the free legal aid and support of lawyers appointed by the Bar Association and will be able to use redress. The provision of conciliation will not be effectively applied to the crime of endless pursuit.

Board of Professional Responsibilities

In accordance with the law, public health and non-government health institutions and organizations and foundations are examined by physicians and dentists working at the University for examination, diagnosis and investigation of medical procedures and practices related to medical treatment of civil servants and other government officials, and other healthcare professionals. . The provisions of the law will apply. The Board of Professional Responsibilities established under the Ministry of Health will allow investigations. The Board may also appoint Chairpersons or Vice-Chairmen of the Provincial Department of Health to conduct preliminary examinations of physicians and dentists and other health professionals working in private health institutions and organizations and Foundation Universities.

Whether there is a way for compensation provided by the administration due to medical procedures and practices related to examinations, diagnoses and treatments performed by physicians and dentists working in government institutions and agencies and state universities, the performance of the health profession, and the amount of shelter. This will be decided by the Professional Liability Board within 1 year, considering whether he has misused his responsibilities by doing the opposite and whether he is at fault.

The law will also regulate the members of the Professional Responsibilities Board and their decision-making processes

This regulation will not apply to those who have been granted a specific investigation and the investigation or trial will continue.

Since the date this article came into force, there have been lawsuits filed by government agencies and agencies and state universities for compensation paid by the administration for medical procedures and practices related to examinations, diagnoses and treatments performed by physicians and dentists. , And other healthcare professionals in healthcare practice opportunities. The plaintiff will be given two months to apply to the Professional Responsibilities Board to decide who will continue. If no application is made, the case will be dismissed systematically. In this case, the cost of the trial will be left to the parties and no attorney fee will be paid against the plaintiff.

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