Violation of the Duty to Protect, Supervise, Assist, or Report with Respect to Foreign Nationals
The offense of violation of the duty to protect, supervise, assist, or report, regulated under Article 98 of the Turkish Criminal Code (TCC), is binding upon both Turkish citizens and foreign nationals present within the territory of the Republic of Türkiye under the principle of territoriality. Considering global migration flows, international tourism, asylum seekers under temporary or international protection, and irregular migrants, this offense assumes unique legal and social dimensions when foreign nationals are involved.
In cases involving foreign nationals—whether as victims or perpetrators—this offense is shaped by factors such as language barriers, fear of contacting emergency authorities due to concerns about deportation, cultural practices, and the complexity of guarantor obligations.
CHAPTER ONE: APPLICATION OF THE GENERAL DUTY TO ASSIST AND REPORT TO FOREIGN NATIONALS
Article 98/1 of the Turkish Criminal Code requires any person to assist an individual who is unable to care for themselves due to age, illness, or injury, or to notify the competent authorities of the situation.
Accordingly, if a foreign national present in Türkiye fails to assist a person in need—whether that person is a Turkish citizen or another foreign national—or fails to notify the authorities by calling the 112 Emergency Call Center, the elements of this offense are fulfilled.
1. Fear, Anxiety, and Failure to Fulfill the Duty to Report
In practice, foreign nationals—particularly those with irregular immigration status or whose legal right to remain in Türkiye has expired—often refrain from contacting law enforcement or emergency medical services when they encounter an injured or helpless person.
Fear of Deportation
Such individuals frequently fear that contacting the police or other official authorities will expose their unlawful immigration status and lead to deportation.
This concern may result in abandoning a person in need without assistance and consequently constitute a breach of the reporting or assistance obligation under Article 98 of the Turkish Criminal Code.
However, from the perspective of criminal law, this subjective fear does not constitute a legally recognized excuse that eliminates or excuses the statutory duty to assist or report.
2. Language Barrier and Communication Difficulties
Where a foreign national is unfamiliar with Türkiye’s emergency number (112) or cannot adequately communicate with the authorities due to a lack of Turkish language proficiency, whether the legal duty to assist or report has been fulfilled must be assessed according to the specific circumstances of the case.
The availability of multilingual emergency call services—particularly in English, Arabic, and other commonly spoken languages—plays a critical role in overcoming these communication barriers.
CHAPTER TWO: THE GUARANTOR RELATIONSHIP AND SPECIAL DUTIES OF CARE AND SUPERVISION
Beyond the general duty to assist, the legal position of foreign nationals who bear a special duty of protection and supervision (guarantor obligation) must be evaluated within the framework of family law, employment relationships, and international legal obligations.
1. Family Duties of Supervision (Children and Elderly Persons)
Foreign parents residing in Türkiye are subject to duties of care and supervision toward their children under both the Turkish Civil Code and the Turkish Criminal Code.
Particularly among migrant families experiencing severe economic hardship, living in temporary accommodation centers, or facing integration challenges, situations involving child neglect, leaving children unattended, or exposing them to dangerous conditions such as severe winter weather may result in criminal liability for violating duties of protection and supervision.
If such neglect results in injury or death, criminal liability extends beyond Article 98 and may constitute offenses committed through omission, including negligent injury or homicide where the legal requirements are satisfied.
2. Foreign Nationals Working in Domestic Services
Foreign nationals employed—whether legally or informally—as domestic workers, caregivers for children, or caregivers for elderly or disabled persons assume contractual duties of supervision.
Where a caregiver neglects an elderly or ill individual under their responsibility, fails to administer necessary medication, or neglects to seek emergency assistance when required, such conduct constitutes a breach of the guarantor duty arising from the contractual relationship.
Accordingly, the caregiver may become subject to criminal investigation and prosecution under the applicable provisions of Turkish criminal law.
CHAPTER THREE: TRAFFIC ACCIDENTS AND LEAVING THE SCENE
Traffic accidents involving foreign drivers represent another common context in which violations of the duty to assist and report arise.
Where a foreign national operating either a foreign-registered vehicle or a vehicle in Türkiye under a valid driver’s license is involved in a traffic accident and leaves the scene without assisting an injured person or notifying the authorities by calling 112, such conduct may constitute:
- violation of the duty to assist under Article 98 of the Turkish Criminal Code, and
- depending upon the circumstances, offenses such as causing bodily injury by negligence or causing death by negligence.
If the offender leaves the accident scene to avoid arrest, criminal prosecution, or deportation, this behavior may be regarded by the court as an aggravating factor when individualizing the sentence and determining the appropriate punishment within the statutory limits.
CHAPTER FOUR: CRIMINAL PROCEEDINGS AND ADMINISTRATIVE CONSEQUENCES
When foreign nationals are prosecuted for these offenses, several procedural safeguards and administrative measures apply.
Right to an Interpreter
During both the investigation and prosecution stages, a sworn interpreter must be provided whenever necessary to ensure that the suspect’s or victim’s right to defense is fully protected.
Determining the reasons for failing to report or assist—such as language barriers or fear of the authorities—depends significantly upon accurate interpretation throughout the proceedings.
Deportation Procedures
Foreign nationals convicted of violating Article 98 of the Turkish Criminal Code or other criminal offenses based on omission may, following the execution of their sentence—or, depending upon the circumstances of a suspended pronouncement of the judgment (HAGB)—be subject to deportation pursuant to the Law on Foreigners and International Protection (LFIP) on grounds of public order or public security.
CHAPTER FIVE: CONCLUSION
For foreign nationals, the offense of violating the duty to protect, supervise, assist, or report reflects the universal and non-discriminatory commitment of the rule of law to safeguard human life and fundamental humanitarian values.
The feelings of uncertainty associated with being in a foreign country, fears relating to immigration status, or concerns regarding deportation do not constitute lawful excuses for failing to assist individuals in danger.
The equal application of these legal obligations to every individual, regardless of nationality, is essential for protecting human life, maintaining public safety, and upholding the rule of law within the Republic of Türkiye.
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