The consent of the person concerned in the context of medical intervation and experiment on human

The consent of the person concerned, in terms of effect on elements of crime, is subject to two classifications as element excluding consent and justifying consent. At the core of this classification are approaches related to legal value. As a reflection of people's autonomy regarding who has the right to self-determination, whether or not to show consent; it is not possible to apply medical intervention to the person. The informed consent of the person concerned can only be discussed in the presence of a medical intervention whose conditions are fulfilled. However, there is a difference in the interest of medical intervention and human experimentation and experimentation. In Articles 90, 91, 99, 101 of the TPC, in which the consent included in the definition of a crime, regulates some special medical interventions. Also in the case where the consent of the type of crime, the legal nature of the consent shall be regarded as element excluding consent. The consent of the person concerned according to the Article 26/2 of the TPC, as understood from the grounds of law- because the lawmaker is regulated the consent as a justification; although not included in the typicality, in the case of crime types for which the legal value of the bearer is accepted as legitimate, will be discussed as element excluding consent. On the other hand, both in special medical interventions and in experiments and trials on human, besides the disclosure of consent of the person concerned's, some conditions are legally sought. It is understood that these conditions, as a reflection of dualistic legal value, are regulated by the legislator in the text of the article.