What is TCK 98?

TCK 98, is a penal norm that requires any person who sees or notices someone unable to manage themselves, to provide assistance to the extent that the circumstances of the incident permit or and to immediately report the situation to the relevant authorities. is a penal norm that mandates it.

This article reinforces the obligation of "assisting" or "notifying competent units," which is one of the most fundamental humanitarian responsibilities in social life, with criminal law sanctions.

What is the Purpose of TCK Article 98?

The primary purpose of TCK Article 98 is:

• to protect individuals who may be under life-threatening danger,
• in emergency situations to prevent damages that may arise due to delays,
• in society ensuring a minimum level of solidarity can be summarized as.

This article legally sanctions the behavior of “turning a blind eye,” particularly in incidents requiring emergency assistance.

What Situations Fall Within the Scope of TCK 98?

What Does “Being Unable to Manage Oneself” Mean?

The examples enumerated in the text of the article are:

• age (e.g., young child, elderly person),
• illness,
• injury.

Additionally, the law keeps the scope broad by stating “for any other reason.” For example, conditions such as a person being unconscious, in a state of severe panic/shock, suffering a stroke, or being in an extremely vulnerable position may be evaluated within the scope of “inability to manage oneself” depending on the specific circumstances of the case.

To Help or to Report? (Two Alternative Obligations)

According to TCK Article 98, a person must fulfill one of two courses of action (in some cases, both):

1) To provide assistance to the extent permitted by the circumstances

Here, there is no absolute obligation such as "to physically intervene under all conditions." The law draws a boundary specifically by stating "to the extent permitted by the circumstances".

By way of example, assistance actions that a person may take (depending on the specific case):

• Calling 112,
• Guiding the person to a safe place,
• Performing basic interventions that will not increase the person's risk to life,
• Seeking help from bystanders.

2) Reporting the situation immediately to the relevant authorities

If the person is unable to help (e.g., if their own physical safety is in jeopardy), they are at least expected to report the situation to the competent authorities without delay .

In practice, "competent authorities" generally include:

• 112 Emergency Call Center,
• police/gendarmerie,
• and units such as medical teams when necessary.

Elements (Conditions) of the Crime under TCK 98

Who is the Victim?

A victim is a person who, due to age, illness, injury, or other reasons:

• is unable to ensure their own safety,
• is in need of emergency assistance or guidance,
• and cannot manage their current situation on their own.

Who is the Perpetrator?

The perpetrator may be any person who sees and notices this situation or can be expected to notice it. The important aspect of TCK Article 98 is:

• It is not required for the perpetrator to have a special duty of protection and supervision (e.g., parent, caregiver, etc.) over the victim.

Which Actions Constitute the Crime?

Under TCK Article 98, the offense is committed through two fundamental omissions:

• failure to render assistance or
• failure to report immediately.

In other words, if a person walks away without doing anything or intentionally delays, liability may arise. Naturally, each incident is evaluated in conjunction with the person's current circumstances and risks at that moment.

What is the Penalty under TCK Article 98?

Penalty under TCK Article 98/1

According to TCK Article 98/1:

• imprisonment up to 1 year or
• judicial fine has been stipulated.

This is the basic form; meaning that even if death does not result, the failure to render assistance/report may constitute a crime.

TCK Art. 98/2: Does the Penalty Increase in Case of Death?

Yes. If the person dies due to the failure to fulfill the obligation to assist or report, TCK Art. 98/2 applies, and the penalty:

• imprisonment from 1 to 3 years occurs.

The critical assessment here is whether there is a legal bond (causality/proximate cause) between the “failure to assist/report” and the resulting death. If death occurred due to different reasons in the specific case, it cannot be said that Art. 98/2 applies automatically to every incident.

What is the Difference Between TCK Art. 98 and TCK Art. 97?

These two articles are frequently confused in practice. To make a simple distinction:

TCK 97 (Abandonment)

• It is not required for the perpetrator to have duty of care and supervision exists.
• The perpetrator leaves a person whom they are obligated to care for to their own fate.

TCK 98 (Failure to Fulfill the Obligation to Help or Report)

• It is not a requirement for the perpetrator to have a pre-existing “duty of care” over the victim.
• The perpetrator leaves the person in need of assistance does not help or fails to notify the authorities.

This distinction is of utmost importance for the accurate legal characterization of the incident.

Frequently Asked Questions (FAQ)

1) What does "rendering assistance" mean under Article 98 of the TCK?

"Rendering assistance" refers to taking reasonable intervention measures, commensurate with the person's current means at the time, to reduce the risk faced by the victim. Physical intervention may not be required in every case; sometimes, simply calling 112 can be critical within the scope of "assistance" or at least "notification".

2) To whom should the "notification" be made under Article 98 of the TCK?

Generally 112 Emergency Call Center is the most accurate and rapid channel. Depending on the nature of the incident, a referral is made to the police/gendarmerie or medical teams.

3) Am I obligated to help if my own safety is in danger?

Since the law states "to the extent permitted by the circumstances and conditions," a person is not expected to put their own life in grave danger. However, in most cases, the obligation of notification—such as calling 112 from a safe location—may still apply.

4) Is it strictly necessary for the victim to die for TCK 98 to apply?

No. Even if death does not occur, an offense may be constituted within the scope of TCK 98/1. If death occurs and is deemed connected to the "failure to render assistance/notify," TCK 98/2 comes into effect.

5) Can TCK 98 and TCK 97 be applied simultaneously?

Generally, a legal characterization is made based on the nature of the incident. If the perpetrator has a special duty of care and supervision over the victim, TCK 97 may be discussed; if no such duty exists, TCK 98 is more likely to apply. In the specific case, an evaluation may also be made in conjunction with other offenses (e.g., assault, involuntary manslaughter, etc.).

Conclusion / Summary

TCK 98 failure to fulfill the duty of assistance or notification, regarding a person unable to manage themselves who fails to render assistance despite having the means or who fails to immediately report the situation to the authorities punishes the person. The base penalty is an offense type stipulating imprisonment for up to 1 year or a judicial fine, if death occurs due to the breach of duty, the penalty imprisonment from 1 to 3 years.

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