Hukuki ve adli tıbbi açıdan ailenin terki fiili

Abstract

are not punished. However the said criminal sanctions have taken place in the Pre-draft of the Turkish Criminal Law. 191

SUMMARY `The Act of Relinquishment of the Family` used in technical aspect, bears the meaning of failing to fulfill the obligation of mutual aid arising from the family law. `The Act of Relinquishment of the Family` has dimensions concerning legal and forensic medicine and the legal dimension can be studied in the aspects of civil law and criminal law. Failing to fulfill the family obligations in various forms in a family has effects on juvenile delinquency and health problems such as slowing down and stopping the growing and physical development of the child, retardation of mental development obvious delay in motor abilities like sitting and standing up, mental retardations, disorders in talking, negative aspects in reasoning and sensiblity, indications of faulty behaviours and even leading to marginal points such as death. Besides the influence on health and psychological conditions of husband or wife, `The Act of Relinquishment of the Family` has undeniable social effects especially on the relinquished wife who is economically disabled, like being forced to crime of prostitution or theft. In our Turkish Civil Law, the scope of family obligations are generally specified, thus determining what kind of sanctions can be applied to wife or husband in case of violation of such obligations. But these sanctions are so poor that they are not directly or personally compelling. In case negligence is shown by man or wife to perform the family obligations, the acts of relinquishment of the family have gained several sanctions in various forms in comparative jurisprudence criminal regulations, but in our criminal law, majority of the acts of relinquishment 190are not punished. However the said criminal sanctions have taken place in the Pre-draft of the Turkish Criminal Law. 191