Health professions members medical negligence not report crime (Turkish Penal Code article 280)

The confidentiality obligation of the healthcare professionals is very old in the historical process and still exists. The basis of this obligation is based on the concepts of secret and professional secret. What we understand from these concepts has changed and improved as a result of developing technology and health services. The fact that the confidentiality obligation is to keep secrets still exists has made its legal nature controversial in the doctrine. These issues have been suggested in the related doctrine. With the influence of these views, many legal regulations were born both in the national and international arena. These legal regulations have determined the scope of the confidentiality obligation. However, due to the nature of the profession, certain situations are accepted as exceptions and are excluded from the scope of this obligation. In addition, it has become an obligation to report crime to certain people in line with the crime policies of societies over time. Here at this point; The obligation to report the crime has become controversial for them, as the healthcare professionals have a high contact with crime and guilt. In this direction, TCK m. In 280, members of the health profession were obliged to report the crime. Criminal sanctions are foreseen if they act otherwise. Within the framework of the confidentiality obligation; TCK m. 280 regulates "Crime of Neglecting to Report Crime by Healthcare Professionals" . In the first part of the study, the confidentiality obligation will be discussed in detail, and in the second part, the crime type of the study will be examined in detail. In our study, judicial decisions, national and international regulations and related sources, especially monographic works, were used. While dealing with the subject; solutions to the problems posed by the opinions and problems in practice are tried to be produced. Keywords: Healthcare Professional, Not Reporting Crime, Secret Retention Obligation, Turkish Criminal Law, Turkish Criminal Law