Crime of extortion in the provision of health services

Health is a concept that is directly related to many other basic human rights as well as being a basic human right in itself. The State has primary responsibility for the protection and promotion of human rights. The State fulfills the requirements of this responsibility through its officials in line with the principles and procedures determined by the provisions of the legislation. It is also possible for human rights to be assumed by other persons who are not civil servants but are considered public officials due to their occupations, within the framework of the provisions of the legislation. The crime of extortion is a specific crime that can only be committed by public officials and is regulated in Article 250 of the Turkish Penal Code No. 5237. Within the framework of this regulation, it is defined as a public official's compelling or persuading the person with whom he is dealing by abuse of influence or by virtue of vested trust arising from his/her duty, to provide benefit or promise of benefit to himself or others.. The aim of this study is to deal with the formation of extortion crime in health services. The First Part of the study consists of two parts, the basic concepts related to the subject like health, health services, health institutions and employees, the concept of crime are explained. Then the crime of extortion has been examined with all its elements, especially when it is committed during the provision of health services, by including opinions of the doctrine and the decisions of the high court regarding the essence and relevance of the subject, and the subject will be explained based on hypothetical case studies. In the Second Part, some of the views in the doctrine and the decisions of the high court regarding the essence of the subject are included, and the special appearance of the crime of extortion in health services and the procedure of judgment are examined. The study was concluded with the Conclusion Section, in which our views on issues without consensus in doctrine and practice are compiled by making a general evaluation on the subject.