What is the Crime of Causing a Miscarriage (TCK Art. 99)?

The crime of causing a miscarriage (TCK 99), is a type of offense that penalizes the act of causing a woman's pregnancy to be terminated unlawfully . The legislator does not completely prohibit the termination of pregnancy; however, criminal liability arises when conditions such as time limits, consent, medical necessity, and authorized personnel are not complied with.

In its most general form, this offense typically arises in the following two main scenarios:

• Without the woman's consent termination of pregnancy
• Even with the woman's consent, under conditions not permitted by law (specifically termination of a pregnancy exceeding 10 weeks in the absence of medical necessity)

---

The 10-Week Limit: What Does It Mean?

in Turkey Abortion up to 10 weeks, provided there are no medical contraindications and the necessary consents are obtained, lawfully may be performed as such. One of the fundamental bases of this limit is Law No. 2827.

Abortion Up to 10 Weeks (General Rule)

• Until the end of the 10th week of pregnancy (if there is no medical contraindication) pregnancy may be terminated upon request.
• In practice, this procedure must be performed by authorized healthcare personnel and in a suitable healthcare facility under the required conditions.

Abortion After 10 Weeks (Exception)

after 10 weeks, the termination of pregnancy is, as a rule, not permitted. However:

• if there are conditions that threaten or will threaten the mother's life,
• circumstances such as the risk of severe disability for the unborn child,
• urgent medical conditions where delay is detrimental,

and if the reports/expert requirements stipulated by the law are met, legality may come into question.

---

Is It Still a Crime If There Is Consent? (The Logic of TCK Art. 99/2)

Yes, in certain circumstances even if there is consent, a crime may still be constituted.

After 10 Weeks, Absent Medical Necessity

Under the system of the TCK, when there is no medical necessity and and the pregnancy has exceeded 10 weeks, terminating a pregnancy on the basis of consent gives rise to criminal liability.

Who is punished in this case?

• The person who terminates the pregnancy (the perpetrator) is punished.
• Furthermore, under certain conditions, criminal consequences may also be foreseen for the consenting woman.

Absence of Consent: Unconsented Abortion (Pursuant to TCK Article 99/1)

of the woman without giving consent a pregnancy termination act, within the scope of TCK Art. 99, is treated as a more severe violation.

Characteristics of the Crime of Unconsented Procurement of Miscarriage

• In the absence of consent, the grounds for justification narrow.
• Circumstances such as violence, threats, deception, and coercion may also bring other crimes into question (depending on the case).

---

Penalty Increases in Case of Injury to Health or Death (TCK Article 99/4)

The act of procuring a miscarriage, resulting in the woman's:

• physical health, or
• to mental health

causes damage, the penalty is increased. Furthermore, if the act causes the woman's death , a more severe penalty shall be imposed.

What Does TCK Article 99/4 State?

• If the woman's physical or mental health is damaged: Imprisonment from 3 to 6 years
• If the woman dies: Imprisonment from 4 to 8 years

This provision is particularly significant in cases where circumstances such as "procedures contrary to medical standards", "non-sterile conditions", or "delay in intervention despite complications" may aggravate criminal liability.

---

Abortion Performed by Unauthorized Persons: Specifically Punished (TCK Art. 99/5)

The law stipulates that the pregnancy termination procedure unauthorized persons additionally targets its performance by.

Why is Abortion by an Unauthorized Person More Risky?

• The risk of medical complications increases.
• Unsupervised procedures may endanger the woman's life.
• Therefore, Article 99/5 of the TCK penalizes the element of the "unauthorized person" even if consent is given.

Situations Covered by Article 99/5 of the TCK

• Gestational age even if it has not exceeded 10 weeks, if the procedure unauthorized person is performed by, a penalty is stipulated.
• Furthermore, if the other acts under Art. 99 are committed by an unauthorized person, the penalty increased by half.

---

Exception Up to 20 Weeks in Pregnancy Resulting from a Crime (TCK Art. 99/6)

TCK Art. 99/6 introduces a highly critical exception:

Under what circumstances is no penalty imposed?

• If the woman, as a result of a crime of which she is a victim, has become pregnant,
• gestational age if not more than 20 weeks,
• if the woman consents,
• the procedure specialist physicians by in a hospital setting if performed,

to the person terminating the pregnancy no penalty shall be imposed.

Points to be considered here

• The exception does not apply automatically; proof of the conditions in the specific case is essential.
• The requirements of a "hospital setting" and "specialist physician" are decisive for lawfulness.

---

Subject of Consent/Permission: Marriage, Minors and Guardianship (Law No. 2827, Art. 6)

Apart from the criminal law perspective, for the procedure to be considered lawful consent/permission rules are of utmost importance:

General rule: Consent of the pregnant woman

• The intervention is fundamentally subject to the pregnant woman's permission is affiliated with.

In minors (non-adults)

• Consent of the minor + permission of the parent is required.

In persons under guardianship

• Depending on the conditions, the consent of the guardian and additionally permission of the magistrates' judge may come up.

Spousal consent in marriage

• The law contains provisions regarding spousal consent in certain circumstances (specifically within the framework set forth in Article 6 of Law No. 2827).

---

Frequently Asked Questions (FAQ)

Is the crime of inducing a miscarriage (TCK Art. 99) the same thing as abortion?

Abortion is a medical procedure; under lawful conditions it is not a crime when performed. The crime of causing a miscarriage (TCK 99) relates to the termination of pregnancy in a manner unlawful (such as conditions regarding consent, time limits, authorization, and medical necessity).

Is abortion up to 10 weeks a crime?

As a general rule, up to 10 weeks, it may be performed lawfully provided there are no medical contraindications and the necessary consents are obtained. However, the procedure unauthorized person being performed by, etc., may also generate criminal risk.

Is there a penalty for having an abortion after 10 weeks?

If there is no medical necessity and the pregnancy has exceeded 10 weeks, criminal liability may arise under Article 99 of the TCK, even if based on consent. Furthermore, different paragraphs shall apply depending on the circumstances of the case.

What happens if an abortion is performed by an unauthorized person?

Pursuant to Article 99/5 of the TCK, even with consent, unauthorized person the termination of pregnancy by shall be additionally penalized; if other acts are also committed by an unauthorized person, the penalty may be increased by half.

Is abortion permitted in pregnancies resulting from a crime?

Within the scope of Article 99/6 of the TCK; not exceeding 20 weeks, the woman's consent, expert physician and hospital setting it is envisaged that no penalty shall be imposed for the termination of pregnancy under these conditions.

---

In practice, the most prudent approach is for the specific case to be further evaluated by a health lawyer/criminal lawyer; because the lack of consent may directly affect both the lawfulness and criminal liability.

For more information, you can contact us at 0532 669 34 90 and https://batinyilmaz.av.tr/iletisim/ at our address.

Atty. Batın YILMAZ