What is the Crime of Abandonment under TCK Article 97?

TCK 97 crime of abandonment, due to age or illness unable to protect themselves and therefore someone's under the protection and supervision by the person under obligation, of the person found being left to their own devices is the crime that occurs in such cases.

The important point here is this: The law does not interpret the act of "abandonment" narrowly as merely leaving someone physically in a place. In practice, "abandonment" means deprived of protection rendering them in such a state.

What is the Legal Interest Protected by TCK Article 97?

The purpose of TCK Article 97 is, in particular, to protect vulnerable individuals . In this context:

• the elderly,
• the sick,
• individuals who cannot sustain their lives independently due to serious health issues

it is aimed to prevent such groups from being put in danger by persons under a legal duty of care.

Conditions (Elements) of the Crime of Abandonment under TCK Article 97

Who Can Be a Victim?

Under Article 97 of the TCK, the victim is:

• their age or
• their illness

due to in a condition unable to manage themselves it should be.

The concept of "being unable to manage oneself" herein is evaluated separately in each specific case. Situations such as the individual's inability to meet daily living needs independently, inability to protect themselves due to health reasons, or inability to escape from dangers may come into question within this scope.

Who Can Be a Perpetrator?

Regarding the crime of abandonment under Article 97 of the TCK, the perpetrator is the person who has duty of care and supervision over the victim.

This obligation:

• arising from the law (e.g., family relationship, custody/guardianship),
• from a contract (e.g., care agreements),
• from a natural duty of loyalty (in practice, de facto intra-family care relationships),
• or from a de facto situation (care for the person may have been assumed de facto)

may arise.

What Does “Abandoning to One's Fate” Mean?

“Abandoning to one's fate” refers to a situation where a person, despite being required to be under protection, is left unprotectedis.

For example:

• Leaving an elderly person in need of care locked at home and alone for a long time,
• Leaving a patient discharged from the hospital on the street without ensuring their safe care,
• Abandoning a person in need of care without providing for their basic needs

such situations may be evaluated under Article 97 of the TCK depending on the specific circumstances of the case.

Is the Crime of Abandonment Committed Intentionally?

Yes. Article 97 of the TCK is treated in practice as a "specific intent crime." In other words, the perpetrator is expected to act knowingly and willfully, leaving the victim defenseless.

However, the assessment of intent varies for each incident. If there are claims such as "necessity," "suddenly developing event," or "transfer of obligation," they are examined separately.

What is the Penalty for the Crime of Abandonment under TCK Article 97?

Penalty under TCK Article 97/1

According to Article 97/1 of the TCK, the penalty for the basic form of the crime of abandonment is:

• Imprisonment from 3 months to 2 years.

This is the primary penalty imposed upon the realization of the act of "abandonment"; moreover, it is not a requirement that the victim suffers actual harm. However, the specific characteristics of the case may affect the determination of the sentence.

TCK Article 97/2: What Happens If the Consequences Become More Severe?

Victim due to abandonment:

• if falls ill,
• if is injured,
• or if dies,

the law states “offense aggravated by its result” that it may entail more severe consequences pursuant to the provisions.

This paragraph ensures that if the act of abandonment produces a more severe consequence on the victim, criminal liability is aggravated accordingly.

What is the Difference Between TCK Article 97 and TCK Article 98?

The two regulations most frequently confused in practice are as follows:

• TCK 97 (Abandonment): The perpetrator has a duty of protection and supervision over the victim. The obligated person “leaves to their own fate” the person in need.
• TCK 98 (Failure to Fulfill the Obligation to Help or Report): Even if the perpetrator has no special duty of care, towards a person unable to manage themselves does not help or fails to report the condition.

In brief: TCK Article 97 can be considered as "abandonment by a person under a duty of care", and TCK Article 98 as "failure to render assistance/report in a general sense" (evaluation may vary depending on the specific case).

Frequently Asked Questions (FAQ)

Is the crime of abandonment under TCK 97 subject to a complaint?

The investigative procedure nature of TCK 97 (whether subject to complaint or ex officio) is evaluated based on the specific case and practice. Since the general aim is to protect vulnerable individuals, investigative authorities may get involved upon learning of the incident. For the most reliable assessment, consulting a criminal lawyer with all the details of the case is recommended.

Does leaving an elderly person alone for a short time constitute an offense under TCK 97?

Not every "leaving alone" automatically constitutes an offense under TCK 97. Critical criteria in practice are:

• whether the person is able to manage themselves,
• the duration of the abandonment,
• the safety of the environment in which they are left,
• whether the perpetrator actually has a duty of protection and supervision,
• whether a danger arises for the victim

such elements. An evaluation of the specific case is essential.

How is the "obligation of care and supervision" proven under TCK Article 97?

This obligation:

• such as family relations/guardianship legal ties,
• such as a care agreement written documents,
• demonstrating that de facto care has been undertaken witnesses, cameras, records, messages can be proven with.

What happens if the victim dies as a result of abandonment?

Pursuant to Article 97/2 of the TCK, if death occurs due to abandonment, the provisions on "offenses aggravated by their result" come into play. In this case, criminal liability and legal qualification may entail more severe consequences depending on all the circumstances of the incident (causation, fault, foreseeability, etc.).

Must the victim necessarily suffer harm within the scope of Article 97 of the TCK?

No. For the basic form of the crime under Article 97/1 of the TCK, the occurrence of the act of "abandonment to one's own fate" is sufficient. If consequences such as harm, illness, injury, or death occur, Article 97/2 of the TCK may apply.

Atty. Batın YILMAZ