The Offense of Abandonment Under Turkish Criminal Law

One of the special endangerment offenses that has existed in the Turkish criminal justice system since the former Turkish Criminal Code No. 765 and is intended to protect an individual’s life, health, and bodily integrity is the offense of abandonment. Under the current Turkish Criminal Code No. 5237 (TCC), it is regulated in Article 97, within Book Two, Part Two, Chapter One, entitled “Crimes Against Persons,” under the category of “Crimes Against Life.”

The offense of abandonment criminalizes the act of leaving alone or abandoning in a helpless situation a person who is unable to care for themselves due to old age, illness, injury, or another reason, by an individual who has undertaken the duty of protecting or supervising that person. It is a mixed offense involving both acts and omissions, classified as a crime of endangerment. This provision not only transforms moral duties of care and supervision into legally enforceable obligations but also ensures the protection of particularly vulnerable individuals.

LEGAL INTEREST PROTECTED AND THE LEGAL SUBJECT OF THE OFFENSE

1. Protected Legal Interest

The principal legal interest protected by the offense of abandonment is human life and bodily integrity.

Recognizing that individuals who are incapable of protecting themselves—such as elderly persons, patients, infants, or seriously injured individuals—depend upon the care of others, the legislature has transformed the obligation to protect such persons into a legal duty.

2. Nature and Characteristics of the Offense

The offense of abandonment may constitute a concrete endangerment offense, while in its aggravated forms based on the resulting consequences, it may also become an offense causing actual harm.

For the offense to be completed, it is not necessary that the victim die or suffer serious bodily injury. It is sufficient that the victim has been abandoned in a helpless and unprotected condition.

However, if the victim’s health deteriorates or the victim dies as a consequence of the abandonment, the punishment is increased in accordance with the resulting harm.

ELEMENTS OF THE OFFENSE OF ABANDONMENT UNDER ARTICLE 97 OF THE TURKISH CRIMINAL CODE

Article 97 of the Turkish Criminal Code consists of two paragraphs and differentiates criminal liability according to the consequences of the offender’s conduct.

1. The Basic Form of the Offense (Article 97/1 TCC)

Article 97/1 provides:

“Any person who abandons an individual who is incapable of taking care of himself or herself due to age or illness and whose care and supervision have been undertaken by that person shall be sentenced to imprisonment from three months to two years.”

For this provision to apply, the following elements must be present:

The Victim’s Condition

The victim must be incapable of managing their own affairs, meeting their basic needs, or protecting themselves due to age (minority or advanced age) or illness.

Duty of Care and Supervision (Guarantor Status)

The distinguishing feature of the offense of abandonment is that the offender must be a person who has undertaken the care and supervision of the victim—that is, a guarantor.

This duty may arise from:

• law (such as parental responsibility),
• contract (such as employment as a caregiver or nurse), or
• voluntary assumption of responsibility.

Failing to assist a random person in need encountered on the street is generally evaluated under Article 98 of the Turkish Criminal Code (Failure to Fulfill the Duty to Assist or Report), whereas abandoning a person whose care one has undertaken constitutes the offense of abandonment under Article 97.

The Act of Abandonment

The offense is committed when the offender leaves the victim without protection, assistance, or care by departing from the location or taking the victim elsewhere and leaving them there.

2. Aggravated Consequences (Article 97/2 TCC)

Under Article 97/2, where the abandoned person suffers injury, deterioration of health, or death as a result of the abandonment, the provisions concerning intentional bodily injury or intentional homicide apply within the framework of offenses aggravated by their consequences.

In such cases, the offender does not possess the intent to kill; therefore, the offense does not constitute intentional homicide.

Nevertheless, because the victim’s injury or death results from the danger created by the act of abandonment, the penalty is substantially increased according to the severity of the resulting harm.

PRACTICAL EXAMPLES AND CONTROVERSIAL ISSUES

In judicial practice, the offense of abandonment most frequently arises within family relationships and situations involving caregiving responsibilities.

Abandonment of Elderly or Sick Family Members

A person who leaves a bedridden patient or an elderly parent under their care in front of a hospital, at a shelter, or in an isolated location commits the offense of abandonment.

Abandonment of Children

Parents or caregivers who leave young children unattended in a home, on the street, or in public places without adequate protection provide classic examples of the offense.

THE OFFENSE OF ABANDONMENT WITH RESPECT TO FOREIGN NATIONALS

With respect to foreign nationals residing in Türkiye, the offense of abandonment under Article 97 of the Turkish Criminal Code applies to all relevant conduct committed within Turkish territory pursuant to the principle of territoriality.

Economic hardship experienced by migrant families, integration difficulties, housing problems, and limited access to social support mechanisms may contribute to circumstances in which foreign nationals become either offenders or victims of this offense.

Duty of Care and Economic Hardship

Where foreign families, due to severe financial difficulties or integration challenges, become unable to care for dependent children or elderly family members and consequently abandon them, the provisions of Article 97 of the Turkish Criminal Code apply.

Economic hardship does not eliminate the legal duty of care or exempt individuals from criminal responsibility.

Criminal Proceedings and Deportation Procedures

Foreign nationals convicted of the offense of abandonment may, following the execution of their sentence, be subject to deportation under the Law on Foreigners and International Protection (LFIP) on grounds of public order or public security.

Throughout the criminal proceedings, certified interpreters are provided where necessary to ensure that language barriers do not interfere with the individual’s right to a fair trial and an effective defense.

CONCLUSION

The offense of abandonment, regulated under Article 97 of the Turkish Criminal Code, constitutes a fundamental legal safeguard against the abandonment of vulnerable individuals by those who have undertaken their care and supervision.

Its purpose is to protect persons who are unable to protect themselves and to impose criminal liability on those who breach their legal duty of care.

The provisions governing this offense apply equally to Turkish citizens and foreign nationals present in Türkiye. Ensuring the careful and consistent enforcement of these rules is essential for protecting society’s most vulnerable members and preserving the collective sense of justice.

The Turkish legal system seeks to prevent violations of both legal and humanitarian duties of care through the imposition of significant criminal sanctions, thereby reinforcing the fundamental values of human dignity, responsibility, and the protection of life.