Health personnels contribution of informing in new Turkish criminal code

ABSTRACTMaster Programme With ThesisHealth Personnels Contribution Of İnforming İn New Turkish Criminal CodeSevinç Arslan HIZALDokuz Eylul UniversityInstitute Of Social SciencesDepartment of Public LawIn new (5237) 280th article of Turkish Criminal Code, the crime of notdeclaring crime by professional health employees, is arranged. Old (765) in faultsection of Turkish Criminal Code, 530th article arranged under the heading?Inattention in informing crime? is criticized in doctrine, as when this articlewas in procedure, it was applied very less and if the one applied to the healthpersonnel for medication, will be exposed to legal action, though there is noobligation to denunciation, positioned the health personnel as an ?informer?and this conflicted with the professional secret.In new (5237) in the context of 280th article of Turkish Criminal Code,enclosure of professional health employees in the perpetrator position had beenwidened. However, there is no clearness if the perpetrator will be a publicofficial professinal health employee or self-employed professinal healthemployee. In addition to this, it is not declared in the article what is to beunderstood from the ??sign??mentioned in the article and whether there will becrimes dependent on complaint in the enclosure of the crimes denunciation isobliged. Again in the context of the article, the authority where informing willbe made, the period of informing and how the informing will be made are notdeclared.In our work, in the matters mentioned above, by taking into consideration thediscussions and the opinions in the doctrine not only in the task process of thecriminal code, but also during the meetings, the contribution of informing new(5237) 280th article of Turkish Criminal Code, professional secret in thearrangements related to health and other ethic principles the health professinalscontributed to obey, are discussed by analyzing as a whole. In addition to this,from the view of the arrangements of law about crimes of abortion and procureabortion, the crimes against sexual immunity and expolitation of child, severityin family, crimes of torture, cruelty, usage of drugs, family physic to be used aspilot; not informing crime is whether can be a reason to the congruency to thelaw are discussed, it had been considered whether there is a conflict between theobligation of diffidence from the bearing witness and not informing the crime.Key World: 1) Professional Health Emploee, 2) Contribution Of İnforming,3)Professional Secret, 4) Diffidence From The Bearing Witness