Abstract
As a
result of the amendments made in the NPHK and TCK provisions in 1983, the crime
of abortion was regulated under the found under the title of “crimes against
persons” instead of “crimes against the integrity of the race and health”. On
the basis of the article stated that the NPHK provisions were taken into consideration
in the regulation of the crime of abortion, at NPHK m. 2, population is defined
as the ability of the individual to decide when and how many children they
desire. It is right choice fort he woman to decide to own the child or for her
parents to do family planning, not to engage in the state or society, but to
deal with the rights and freedoms of the individual under the guise of crimes
against persons. Nevertheless, legal regulation cause difficulty in determining
whether crime can be applied in terms of legal issue of crime, victim and chain
crime provisions. Before anything else, since it is not possible ofr both
perpetrator and victim to commit the crime of abortion thar woman committed on
her own body, the question of whether or not the victim is a fetus will come
into. When take into consideration current legal regulations, since the victim
are limited to natural persons, legal entities or collective organisms that do
not have legal personality in the form of a family, society and state community,
the fetus will not be accepted a victim. A similar situation is arisen when a
crime against the same person is committed more than once, the fact that the
fetus does not be regarded as person will make it impossible to determine the
field of applicaion of the chain crime provisions. For these reasons in this
study, it will be examined whether it would be possible to regulate the crime
of abortion in TCK m. 99 so that it would remain among crimes against the
person, and if it is not possible, how it should be regulated in criminal law.