Criminal Office 2018/1826 E. , 2018/1439 K.
“legal text”
Child sexual abuse and rape crime within the scope of the investigation carried out under the qualified article 2017/926 chief public prosecutor Republican Mut, the doctor’s 10 weeks and 3 days of pregnancy in the victim’s report…’s Mut’s rejection of the request after 2017/211 different jobs dated 18/05/2017,
after the decision of the same court dated 25/05/2017, after 2017/219 different jobs, rejection of the appeal application against the decision of the same court dated 16/06/2017 2017/261 the investigation of different jobs is not in the nature of the prosecutor’s request, he must place a bet because the request for permission of the magistrate in charge Silifke Criminal Court of Peace regarding the decision to reject the request for termination of pregnancy dated 2017/1301 different job dated 24/06/2017 is within the scope of the duty of magistrates not to place a bet due to the duty of the magistrates not to place a bet due to the duty of the criminal court of Peace No. 2017/1301 Silifke Criminal Court of Peace No. 24/06/2017 Silifke Criminal Court of Peace No. 2017/1301 Silifke Criminal Court of Peace No. 2017/2017 Silifke Criminal Court of Peace No. 2017/2017, MUT MUT duty judges different business decision No. 2017/316 dated 10/07/2017 of the criminal court of peace on how to send the file related to the different business decision No. 2017/23 dated 30/06/2017 of the criminal court of peace previously evaluated by Mut on how to send the file related to the different business decision No. 2017/23 dated 10/07/2017;
99 of the Turkish Penal Code No. 5237 entitled “Reduction of Children”. its substance. included in the article;
“(1) A person who miscarries a woman’s child without her consent shall be punished by imprisonment from 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 consensual, even if there is no medical necessity, is punished with a prison sentence of two to four years. In this case, a woman who miscarries her child is given a prison sentence of up to one year or a judicial fine.
(3) If the verb written in the first paragraph has caused damage to the physical or mental health of a woman, a person shall be punished with a prison sentence of six years to twelve years; if the verb has caused the death of a woman, it shall be punished with a prison sentence of fifteen years to twenty years.
(4) If the verb written in the second paragraph has harmed the physical or mental health of a woman, a person shall be punished with a prison sentence of three to six years; if the verb has caused the death of a woman, it shall be punished with a prison sentence of four to eight years.
(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 based on consent; a prison sentence of two to four years is sentenced. In case the other acts defined in the above paragraphs are committed by an unauthorized person, the penalty to be imposed according to these paragraphs shall be increased by half.
(6) If a woman becomes pregnant as a result of a crime of which she is the victim and the woman has her consent, no penalty shall be imposed on the person who terminates the pregnancy for not more than twenty weeks. However, for this purpose, the pregnancy must be terminated by specialist physicians in a hospital setting.” in the form of,
article 5 of the Population Planning Law No. 2827 entitled “Termination of Pregnancy”. Included in the article;
“Until the tenth week of pregnancy is over, the uterus is emptied on request, if it is not medically inconvenient for the mother’s health.
If the gestation period is more than ten weeks, if the pregnancy threatens the life of the mother or causes severe disability for the child to be born and the generations to follow it, the uterus is emptied with justified reports of an obstetrician and a specialist from the relevant branch based on objective findings.
In an emergency situation that threatens life or one of the vital organs, if immediate intervention is not provided, the uterus is emptied by making the necessary intervention by the authorized physician who detects the condition. However, if the physician or physician cannot be reached before the intervention, it is mandatory to notify the health and social assistance directorates and the district medical office of the intervention to the state intervention no later than twenty-four hours after the identity of the woman who is being intervened, depending on the reasons for the intervention.
The form and nature of the notification to be made, the principles of form and filling out of the permit document to be requested from those who accept sterilization and uterine evacuation, the places where they will be performed, the health and other conditions to be found in these places, as well as the issues related to supervision and supervision of these places, are indicated in the charter to be issued.” in the form of,
6 of the Law No. 2827 entitled “Termination of Pregnancy Permit”. included in the article
“5. the intervention mentioned in the article depends on the permission of the pregnant woman, the permission of the minor and the guardian in minors, the permission of the minor and his guardian in the case of persons under guardianship and minors, as well as the permission of the criminal magistrate. However, for a pregnant woman who does not have freedom of consciousness due to mental illness, her own consent is not sought for uterine evacuation.
if the persons mentioned in the second paragraph of article 4 and the first paragraph of article 5 and whose consent is to be sought are married, the consent of the spouse is also required for sterilization or uterine emptying.
In emergency situations that threaten life or one of the vital organs, permission is not sought if the permission of the parent or magistrate’s criminal court is needed in a timely manner and immediate intervention is not required.” When explanations are taken into account,
Prosecutor General’s Office of the Republic of Mut küçük victim …’the Dean of the University Faculty of Medicine, who was executed for rape under the qualified article within the scope of the investigation No. 2017/926 for alleged child sexual abuse … Department of Forensic Medicine Department of Internal Medicine
in the Forensic Report No. 72846809/439708 organized by 09/06/2017, “As a result of the examination conducted at the Department of Child Psychiatry, it was learned from the stories that a 12-week-6-day pregnant woman was sexually abused that the pregnancy was the result of abuse, medical benefit due to the age of the mother and the fact that the termination of pregnancy experienced by the mother is emotionally traumatic for both the mother and the fetus (baby) …” in the form of an opinion agreed upon by the parents, and then together with the victims in a petition addressed to the Public Prosecutor’s Office on 15/06/2017, in accordance with the legislation mentioned above, the request to terminate the pregnancy in accordance with the above-mentioned criminal justice of peace committee
since the evaluation of the decision of the Mut criminal court of peace to reject the request for termination of pregnancy on appeal against the decision of 2017/261 dated 16/06/2017 is considered a different job, the principles to be taken into account in any notification of objection, if it was entered on request, if the transaction is not in the nature of an investigation, the public prosecutor in charge should translate the request for a bet for the permission of the criminal magistrate, since 309 of the Criminal Procedure Code 5271 is not a hit in the decision to reject the appeal, by betting, since there is no hit in the decision to reject the appeal, it is tacitly accepted that it is of an off-duty nature. 94660652-105-33-8579-2017- declaration of the General Directorate of Criminal Affairs in accordance with Article Ministry of Justice It has been decided that the notification sent to the Chief Public Prosecutor’s Office of the Supreme Court of Appeals on the notification of violation of the Law numbered 19/01/2018, along with the notification and the case document, should be notified to the Ministry:
protective and supportive measures entitled “health measures” of Article 5/1-d of the Child Protection Law No. 5395, provision of temporary or permanent medical care and rehabilitation necessary to protect the child’s physical and mental health, Silifke Criminal Court of Peace dated 24/06/2017 and CMK Decision No. 2017/1301 amended by Decision No. 309, upon acceptance of the request, the Criminal Court of Peace is considered within the scope of its duty and is considered instead of a notification based on a request to violate the law for the benefit of, It was decided to add the provision ”To treat those who use addictive substances” and to apply this measure during the investigation. In accordance with the article, it was decided unanimously on 05/03/2018 to take further actions by the authority according to the reason for the deterioration and to send the file to the Chief Public Prosecutor’s Office of the Supreme Court of Appeals. to be sent to the scene.