The Legal Definition of the Crime
The Crime of Sterilization is regulated under Article 101 of the Turkish Penal Code within the section titled “Crimes Against Persons.” The relevant provision of the law states:
TPC Article 101 –
(1) Any person who sterilizes a man or a woman without their consent shall be sentenced to imprisonment from three to six years. If the act is committed by a person who is not authorized to perform sterilization procedures, the penalty shall be increased by one-third.
(2) Even if based on consent, if the act of sterilization is carried out by an unauthorized person, a sentence of imprisonment from one to three years shall be imposed.
These provisions make it clear that the act of sterilization must be carried out by an authorized person and in accordance with the victim’s consent; otherwise, such acts constitute a criminal offense.
Similarly, Article 4 of Law No. 2827 on Population Planning provides that:
“Sterilization means an intervention performed to eliminate a man’s or a woman’s ability to procreate without preventing the satisfaction of sexual needs. A sterilization operation shall be performed upon the request of an adult person, provided that there is no medical contraindication. In cases where castration is required for the treatment of a disease due to medical necessity during the course of a surgical operation, the castration procedure may be performed regardless of the person’s consent.”
Accordingly, it is explained that the act of sterilization is lawful if it is carried out by an authorized person with the consent of the individual concerned.
Elements of the Crime
When the Crime of Sterilization is evaluated together with both its objective and subjective elements, it has the following fundamental components:
1- Perpetrator:
With regard to the perpetrator of the crime of sterilization, the legislator has not required any specific qualification; therefore, anyone may be the perpetrator of this offense.
2- Victim:
In terms of this offense, the victim is a person who has the capacity to reproduce, regardless of whether they are male or female. The victim’s ability to reproduce is a mandatory element for the formation of the crime. Acts committed by the perpetrator against a person who does not have reproductive capacity cannot be evaluated within the scope of Article 101 of the Turkish Penal Code. In such a case, the perpetrator’s actions shall be assessed within the framework of the offense of intentional injury.
3- Act (Conduct) Element:
Under Article 101 of the Turkish Penal Code, the act element consists of conduct aimed at sterilizing a man or a woman. The perpetrator may carry out the act of sterilization not through a single action but through multiple actions. In this respect, the offense is a free-act crime.
For the formation of the offense, the essential issue is the existence of a causal link between the perpetrator’s actions and the result of the victim’s sterilization. If there is no causal link between the perpetrator’s conduct and the sterilization of the victim, the act cannot constitute this crime.
4- Protected Legal Interest:
The Crime of Sterilization is regulated under the title “Crimes Against Persons” in the Turkish Penal Code. The legal interest protected by this type of offense is primarily the individual’s bodily integrity, as well as the right to reproduction.
5- Mens Rea (Intent):
The offense can only be committed intentionally; it is not legally possible to commit it through negligence. The perpetrator must act with the intent to eliminate the victim’s reproductive capacity.
Aggravating Circumstances
The crime of sterilization regulated under Article 101 of the Turkish Penal Code is also defined with qualified (aggravated) forms that require a heavier penalty in certain circumstances. According to the relevant legal provision, if the act of sterilization is committed by a person who is not authorized to perform such a medical procedure, the penalty to be imposed shall be increased by one-third.
Complaint Period, Statute of Limitations, and Competent Court
The offense regulated under Article 101 of the Turkish Penal Code is not subject to a complaint, and the investigation is conducted ex officio by the public prosecutor’s office. Although there is no complaint period required for the investigation of the crime, the statute of limitations for the case is eight years. The competent court is the Criminal Court of First Instance.
Judicial Fine, Suspension of the Sentence, and Postponement of the Pronouncement of the Verdict
Under Article 101 of the Turkish Penal Code, anyone who sterilizes a man or a woman without their consent shall be sentenced to imprisonment from three to six years. Even if the act is based on consent, if sterilization is performed by a person who is not authorized to do so, the offender shall be sentenced to imprisonment from one to three years.
Considering the lower and upper limits of the penalty, it is possible to convert the prison sentence into a judicial fine, issue a decision to postpone the pronouncement of the verdict (HAGB), or grant a suspension of the sentence.
Supreme Court Decisions
“…In the case where the defendant, serving as an obstetrician at the maternity hospital, was alleged to have neglected her duty by performing a cesarean delivery and sterilizing the plaintiff by tying her fallopian tubes (tubal ligation) without obtaining the consent of the plaintiff and her spouse, contrary to the Patient Rights Regulation published in the Official Gazette on 01/08/1998, No. 23420; it was necessary, after obtaining a report from the Forensic Medicine Institution regarding whether the procedure performed by the defendant constituted sterilization, whether the plaintiff permanently lost her ability to conceive as a result of this procedure, and whether there was a medical necessity for performing the procedure, to evaluate all the evidence together and determine and assess the legal status of the defendant.
However, the written judgment was issued based on incomplete investigation and an insufficient report without considering these matters, which is contrary to the law. Accordingly, the appellate objections of the plaintiff’s attorney were upheld, and the judgment was overturned pursuant to Article 321 of the Code of Criminal Procedure, taking into account Article 8/1 of Law No. 5320…”
(Supreme Court of Appeals, 5th Criminal Chamber, Case No. 2015/10129, Decision No. 2017/1263, dated 04.04.2017)
“…In light of the defendants’ defenses at various stages and the entire case file, after obtaining all medical records related to the treatment of the victim at the time of the incident and adding them to the case file, the victim was referred, along with the file, to the Forensic Medicine Institution. A report was obtained to determine whether the procedure performed by the defendant, Dr. Hakan, constituted sterilization, whether the victim permanently lost her ability to conceive as a result of this procedure, and whether there was a medical necessity for performing it.
However, the written judgment was issued based on an incomplete investigation without considering all the evidence together and without properly determining and assessing the legal status of the defendants…”
(Supreme Court of Appeals, 14th Criminal Chamber, Case No. 2014/2748, Decision No. 2014/6813, dated 22.05.2014)
Lawyer. Gökhan AKGÜL & Lawyer. Yasemin ERAK
The Crime of Sterilization and Criminal Lawyer Support in Antalya
The crime of sterilization refers to the removal of a person’s reproductive ability without their consent and is considered a serious offense under the Turkish Penal Code. In such cases, working with an experienced criminal lawyer in Antalya is crucial to protect the rights of victims and ensure that offenders are held accountable. At our law firm in Antalya, specialist criminal lawyers provide professional support in evidence collection, case follow-up, and compensation processes, ensuring that victims’ legal rights are effectively protected. You can contact us through the contact section for legal assistance.
