Breach of obligations deriving from family law (TPC Article 233)

The family maintains its importance as the smallest unit of the society from the past to present. In this context, a number of obligations have emerged both between the family members against each other and the society against to the family. In this way, the family had been regulated in many areas of law and had the intervention and the protection of the State. In the Turkish Penal Code numbered 5237, the acts and behaviors which are damaging the family and the family order are considered as crimes under the title of Offences Against the Family Order. The subject of this study is "The Crime of Breach of Obligations Deriving From Family Law" which is regulated in the Article 233 of TPC. The aim of these crimes which are regulated in this Article is to protect the family order and the vulnerable women and children in the society. This type of crime, which is not frequently encountered in practice, will be examined within the scope of our study and firstly the obligations inflicted by family law will be determined and then the elements of the related type of crime will be examined. In this context, it was decided to study this subject in order to explain this type of crime. The types of crimes, which we think there is not enough study and not given sufficient importance, have been examined to contribute to the doctrine to some extent with this study in order to clarify the protective and attending sanctions for the family and to make them more feasible. In our study, "the crime of failing to fulfill the obligation of nurture, education and support inflicted by family law", "the crime of abandoning a pregnant woman", "the crime of risking the good morals, safety and health due to absence of moral care by the parents of the children" which are regulated under the Article 233 of TPC will be examined.