Crime of abandonment

It is important to protect values such as the human right to life, bodily immunity and health, as well as social solidarity and social benefit for people to fulfill their obligations. For this purpose, the Crime of Abandonment, which is a violation of the obligation to protect and supervise, is regulated in Article 97 of the Turkish Penal Code No. 5237. The article consists of two paragraphs. In the first paragraph of the article, the phenomenon of abandonment is defined as an independent crime. According to this; Any person who abandons a person who is unable to manage himself/herself due to age or illness and who is therefore under the obligation of protection and supervision, is punished with imprisonment from three months to two years. In the second paragraph of the article, situations that are aggravated due to their consequences are included. According to this; If the victim suffers from a disease, is injured or dies due to abandonment, he/she will be punished according to the provisions of aggravated crime due to its consequences. Our study on the crime of abandonment consists of two parts. In the first part; The concept of abandonment, the history of the crime of abandonment, various country regulations and its comparison with similar crimes are included. In the second part; The legal interest protected by the crime, the elements of the crime, special forms of appearance and issues other than the elements of the crime are included. In our study, what should be understood from the concept of guarantorship in terms of the perpetrator under the obligation of protection and supervision, and the concepts of age and illness in terms of the victim who cannot manage himself/herself, was discussed. In terms of verb, the concept of abandonment is emphasized in the light of the opinions in the doctrine and judicial decisions. Criticisms and suggestions regarding the provision were examined in terms of serious consequences such as illness, injury or death as a result of abandonment. In addition, it has been evaluated that the purpose of the perpetrator is important in terms of the occurrence of the crime. Keywords: Abandonment, Turkish Penal Code Article 97, Obligation of Protection and Supervision, Inability to Manage Oneself, Abandonment, Aggravated Crime Due to Consequences.