What is the Crime of Conducting Experiments on Humans (TCK Art. 90)?

crime of conducting experiments on humans, which is regulated under Article 90 of the Turkish Penal Code and is a penal norm that subjects the conduct of scientific experiments on a human being to specific rules.

The fundamental approach here is as follows:- The human body and human dignity are under protection.- Even in the name of scientific progress, studies to be conducted on humans must meet ethical, legal, and medical safety requirements. In the absence of these conditions, the act may be deemed a crime.

The Difference Between a Scientific “Experiment” and a “Therapeutic Trial”

TCK m.90 addresses two distinct situations:

Therapeutic experimentation (on a patient)

• The purpose is to provide the patient with to provide therapeutic benefit may occur.- On the patient without consent conducting experiments is additionally a crime (Art. 90/4).- However, under certain conditions, consent-based experiments "in compliance with scientific methods" may not be penalized.

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What is the Penalty for Conducting Experiments on Humans?

TCK Article 90/1 Penalty

A person who conducts scientific experiments on humans:

• Imprisonment from 1 to 3 years shall be punished.

This provision, before evaluating elements such as whether the experiment "has ethics committee approval," "has consent," or "has caused harm," constitutes the basic offense type . Subsequently, Article 90/2 regulates under which conditions criminal liability shall not arise in consent-based experiments.

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What Happens if Injury or Death Results from the Experiment? (TCK Art. 90/5)

If, as a result of the commission of the offense under Article 90/1, the victim:

• is injured or
• if dies,

in this case intentional injury or intentional homicide provisions regarding the crimes shall apply.

This regulation points to an evaluation logic of "aggravated due to its consequence" and significantly increases criminal liability risks.

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If Committed Within the Scope of Legal Entity Activities (TCK Art. 90/6)

If the crime is committed within the scope of the activities of a legal entity , the following shall apply to the legal entity:

• security measures specific to them may be imposed.

This opens the door to "corporate" consequences (measures regarding activities, etc.) for companies, private hospitals, research institutions, and sponsors.

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Common Legal Risk Areas in Practice

H3 — Informed Consent is Not "Just a Signature"

Judicial approach (especially in medical interventions) also requires the disclosure and consent process to function properly. This is not merely signing a form; it is the individual's ability to truly understand what they are consenting to.

H3 — Ethics Committee and Authorization Processes are Substantive, Not "Formal"

In most cases, the ethics committee/approval mechanism is treated not merely as a procedure, but directly as a condition for compliance with the law .

H3 — Distinction Between Payment/Incentive and Expense/Compensation

While "expenses and compensation for loss of earnings" are permissible under certain regulations, "inducements/rewards" are prohibited. If this distinction is not properly established, there is a risk that consent may be deemed "contingent upon benefit."

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Frequently Asked Questions (FAQ)

1) What is the crime of conducting experiments on humans?

crime of conducting experiments on humans, under Article 90 of the TCK, is the provision that criminalizes conducting scientific experiments on humans. Even consent-based experiments may only preclude criminal liability if the statutory conditions are met.

2) Does the existence of written consent always preclude criminal liability?

No. Written consent alone is insufficient. Conditions such as ethics committee approval, scientific necessity, prohibition of risk/permanent damage, conformity with human dignity, and prohibition of benefits must also be fulfilled.

3) Are experiments on children strictly prohibited?

They are not strictly prohibited; however, to much stricter conditions is subject to. Additional conditions are required, such as the child's consent (if capable of giving consent) + written consent of the parents/guardian, and a child expert on the board.

4) Can a "last resort" trial be performed on the patient?

Pursuant to Article 90/4 of the TCK; if it is understood that known methods will not yield results, therapeutic trials conducted in a hospital by a specialist physician, based on consent and in compliance with scientific methods, may not entail criminal liability.

5) What happens if the person suffers harm during the experiment?

As a result of the experiment injury or death occurs, pursuant to Article 90/5 of the TCK intentional injury/homicide provisions may apply. This may aggravate the sanction.

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Atty. Batın YILMAZ