Criminal liability of the physician in context of crimes of negligence

This thesis is mainly about the criminal liability of doctors in the context of negligent crimes. The Republic of Turkey is a state of law and includes the principle of legality in crime and punishment as a constitutional and broader legal principle. In Turkish criminal law doctrine, it has been stated for a long time that crimes can be committed mainly as execution, and some crimes can be committed as negligence. Negligence crimes are also divided into two as actual (pure) negligence crimes and apparent (guarantorial) negligence crimes. Actual negligent offenses are regulated in the special provisions of the Turkish Penal Code No. 5237. On the other hand, while apparently negligent crimes were not included in the previous law, we see that they are regulated within special provisions in the new TPC. Ostensibly negligent crimes have some peculiarities. These include the theoretical explanation of negligent behavior, the explanation of what the concept of collateral liability (guarantorship) is, the explanation of what its sources are, and the equivalence of negligent behavior with executive behavior. Medicine and medicine are professions and fields of practice known since ancient times. In the course of time, the paternalist understanding of medicine left its place to a more egalitarian relationship. One of the important factors playing a role in this change is that the concepts of personal autonomy and the right of the individual to determine their own future are emphasized more strongly in the laws. The existence of responsibility for the harmful consequences arising from the malpractice of medical intervention has been in question since ancient times. Criminal actions of doctors can be punished both by the Turkish Penal Code and other laws containing penal provisions. Legal rules generally impose an obligation on individuals not to "behave in a certain way". Accordingly, it prohibits behavior such as "killing or injuring a person", "taking someone else's property without their consent", "torturing", "sexually abusing a child". such rules of conduct; They are called "prohibitive codes of conduct". "Enforcement crimes" occur in case of violation of prohibitive codes of conduct. In modern societies, there are also codes of conduct that impose an "obligation to behave in a certain way", which are called "commanding codes of behavior". Actions formed by imperative norms that impose "obligation to behave in a certain way" are called "crimes of negligence" in criminal law theory. The boundaries of my thesis work mainly consist of certain real and negligent crimes that can be committed within the medical profession. First of all, crimes of negligence have been extensively discussed with their theoretical aspects, the conditions of legality of medical intervention, the main legislation regulating the field of medicine in our country, and defensive medicine practices have been extensively emphasized. Actual and negligent crimes that the physician may commit are examined under separate headings. The place and importance of euthanasia and especially passive euthanasia in terms of criminal law has been discussed and the subject has been evaluated in detail in terms of negligent crimes. Keywords: Doctor, Criminal law, Liability, Negligent crime, Defensive medicine, Euthanasia