What is the Crime of Inducing Miscarriage Under TCK Article 100?

the crime of inducing miscarriage under TCK Article 100, in cases where the pregnancy exceeds 10 weeks , is the legal provision that subjects a woman's voluntary termination of pregnancy (inducing a miscarriage) to criminal sanctions.

This article, particularly \u201celective termination of pregnancy after 10 weeks" and "medical necessity exceptions permitted by law" distinction comes into question.

What is the Legal Interest Protected by TCK Article 100?

Through this regulation, the state aims to protect the fetus after a certain stage of pregnancy and prevent the arbitrary termination of pregnancy. However, from the perspective of health law, the exceptions aimed at protecting the mother's life/health are also regulated under a separate statute (Law No. 2827).

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What is the Penalty Under TCK Article 100?

Imprisonment or Judicial Fine

According to TCK Article 100:

• imprisonment up to 1 year or
• judicial fine

has been stipulated.

Is Imprisonment or a Fine Imposed?

Since the statute states "imprisonment or a judicial fine," the court may choose one of the two sanctions based on the specific circumstances of the case. This choice is shaped by factors such as the conditions of the incident, the offender's status, the intensity of intent, and the evidence.

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The Relationship Between TCK 100 and Abortion (Termination of Pregnancy)

Up to 10 Weeks: Voluntary Regime (Law No. 2827)

Until the expiration of the 10th week,, if there is no medical contraindication regarding the mother's health, upon request uterine evacuation is permitted.

After 10 Weeks: Exceptional Circumstances (Medical Necessity and Report)

Termination of pregnancy after 10 weeks is permitted only under:

• circumstances that threaten the mother's life or are likely to do so,
• with respect to the unborn child/future generations severe disability such as in cases of risk,
• expert reports with

considers possible.

In this context, termination solely on an "elective" basis after 10 weeks may entail criminal liability under Article 100 of the TCK.

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What is the Difference Between TCK Article 100 and TCK Article 99?

TCK 100: Self-Induced Abortion by the Woman

• Perpetrator: Woman
• Act: Intentionally terminating her own pregnancy
• Condition: exceeds 10 weeks

TCK 99: Causing Abortion by Another Person

• Perpetrator: Third party (including the physician, depending on the circumstances)
• Different penalties may apply depending on criteria such as the presence or absence of consent, gestational age, and medical necessity.

In practice, the question of "who performed it?" is of critical importance to prevent evaluations under the wrong article.

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Frequently Asked Questions (FAQ)

What is the crime of unlawful abortion under TCK Article 100?

the crime of inducing miscarriage under TCK Article 100, pregnant exceeds 10 weeks of the woman voluntarily in the event of terminating her pregnancy, is an offense type stipulating imprisonment for up to 1 year or a judicial fine .

Is abortion completely prohibited after 10 weeks?

It would not be accurate to say "completely banned." Termination of pregnancy after 10 weeks is permitted only under exceptional circumstances such as medical necessity, threats to the mother's life, and with expert reports. "Elective" terminations other than these may entail risks under Article 100 of the TCK.

Is the penalty under Article 100 of the TCK strictly imprisonment?

No. The law is an offense type stipulating imprisonment for up to 1 year or a judicial fine provides for this. The court makes its determination based on the specific circumstances of the case.

What happens if someone other than the woman commits this offense?

If someone other than the woman terminates the pregnancy, the incident may be evaluated under Article 99 of the TCK (unlawful abortion) depending on the conditions. In such cases, the penalties and evaluation criteria are different.

Are voluntary abortion and involuntary miscarriage the same?

No. Article 100 of the TCK explicitly "voluntarilyuses the expression ". Involuntary miscarriage (accidental miscarriage, natural miscarriage, etc.) does not constitute the typical element of this crime."

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Atty. Batın YILMAZ