Abstract:

Turkish Penal Code no. 5237, article 99 and 100 regulate the termination of pregnancy by means of illegal abortion and miscarriage. According to article 99, any person who performs an abortion upon a woman without her consent shall be sentenced to a penalty of imprisonment for a term of five to ten years. Irrespective of the consent of the pregnant woman; any terminations after ten weeks of pregnancy, shall be sentenced to a penalty, unless there is a medical necessity. The woman who consents to the termination of pregnancy in these circumstances shall be also sentenced to a penalty of imprisonment for a term up to one year or a judicial fine. Additionally, according to article 99, where the woman is pregnant due to an offence, of which she was a victim, no penalty shall be imposed upon any person, terminating the pregnancy, which is not more than 20 weeks and there is a consent of woman. In this case the termination shall be operated by expert doctors in a hospital. According to article 100, regulating miscarriage, when a woman terminates her pregnancy, which is more than ten weeks, shall be sentenced to penalty of imprisonment for a term up to one year or a judicial fine

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