Child abortion and abortion offences in the historical process to date

The offenses of "Abortion" in Article 99, "llegal Abortion" in Article 100 and "castrating" in Article 101 are regulated under the title of Abortion, Abortion or castrating in the second part of the second book of Penal Code . The crime of "Abortion", which is included in Article 99, which we exclude from our examination of the crime of castrating, which is outside of our subject, is regulated in six paragraphs. And in the first article of this paragraph is regulated as offenses of abortion child of the woman without the consent of the woman, in the second paragraph although there is no medical obligation abortion of the child of a woman whose gestation period was more than ten weeks. The qualified cases of the offense written in paragraph 1 of paragraph 3: the loss of a woman's physical health or causing her death and the qualified cases of the offense specified in paragraph 2 of paragraph 4; It is regulated in the way that a woman suffers a physical or mental health harm or causes her death. Paragraph 5 stipulates that a woman whose pregnancy period has not completed ten weeks should have her child aborted by an unauthorized person, even if it is based on consent. In the 6th paragraph of the article, the crime of being a victim sexual assault or more sexual abuse and termination of pregnancy, provided that the woman's consent is not than twenty weeks, is shown as the reason for impunity. The crime of "abortion" is regulated as a single paragraph in Article 100 numbered 5237, and the act of abortion by a woman gestational period more than ten weeks is defined as the crime of abortion. In addition to the crimes of abortion and illegal abortion explained above, other regulations related to these crimes are also included in the Population Law. The crimes "Abortion" and "illegal Abortion" regulated in the Turkish Penal Code have similarities with the acta in the Population Planning Law from time to time and the crimes which are different in terms of their elements, appear as two separate crimes and acts that are mixed in practice in terms of perpetrators and victims. In this regard, in this thesis, pregnancy which is the prior condition of the crimes of abortion and illegal abortion related to fertilization, zigote, fetus and the legal foundation of crimes of abortion , illegal abortion in the historical development process of the Ottoman Empire Period has been explained. Afterwards, international and national regulations on abduction and abortion were emphasized and together with these developments, both acts were examined in detail with all their elements. Similarities, differences were revealed and new opinions were presented on related issues.