EXTENDED SUMMARY
The right to the environment is a fundamental human right, like the freedom and security of life or person. In this framework, this right has been the subject of many international conventions and Article 56 of Constitution of Turkey Republic stipulates that everyone has the right to live in a healthy and balanced environment. In this respect, demanding the protection of the environment is a fundamental right for everyone.…
Genetically modified organisms (GMOs) constitute one of the important risk factors for the environment as object of people’s right to live in a healthy and balanced environment. It is a known fact that the importing, manufacturion and release of these organisms to the environment without the necessary risk assessment will bring serious risks. In order to prevent this, various acts related to genetically modified organisms were prohibited in the Biosafety Law, which was adopted, and some of the acts against this prohibition were met with criminal sanctions.…
The most important actions among these are the illegal production, importation and release of GMOs and their products thereof into the environment. These acts are regulated as a crime in Article 15/1 of the Biosafety Law. According to this legal regulation a person who imports, manufactures or releases GMOs and their products in violation of the provisions of this Law shall be punished with imprisonment from five to twelve years and fine of up to ten thousand days.…
In terms of this type of crime, the right of people to live in a healthy and balanced environment is protected, and for this reason, the victim of crime is everyone who makes up the society. The perpetrator of the crime can be …
The subject of the crime is “GMO and its products thereof” and this term is defined in the law. Accordingly, products partly or completely obtained from GMOs which contain or consist of GMOs may be considered within the scope of this crime. However, it should be mentioned that if a very small amount of GMOs is found in a product that is imported, manufactured or released into the environment, this crime does not occur. Because the law also defined the term “Contaminant” and the relevant regulation accepted that if a GMO is found in a product with a ratio of less than 0.9, it will be considered as “GMO contaminant”. GMO contaminants are not within the scope of “GMO and its products”. For example, insect, dusting effect of a GMO, which is already allowed to be used as animal feed in our country, etc. It is possible for it to be transmitted from one product to another due to various reasons. In this case, if the contaminat rate is below the 0.9% specified in the Regulation, it cannot be said that this crime has occurred.…
In order for this crime to occur, the perpetrator must illegally produce, import or release GMOs and their products into the environment. It is sufficient for the perpetrator to commit one of these acts. If he performs these acts in accordance with the law by obtaining permission from the official authorities indicated in the law, a crime will not occur.…
The element of mens rea of this crime is direct intention. Accordingly, in order for the crime to occur, the perpetrator must knowingly and willingly import, manufacture or release GMOs and products into the environment. Even if the GMO rate in a product is above 0.9% specified in the Regulation, if the perpetrator’s intent does not cover this situation, it will be necessary to conclude that the element of mens rea of the crime does not occur.…
The crime is suitable for the application of the provisions of criminal attempt. This crime can be committed by more than one person and it shows various features in terms of the application of the provisions of the TPC on the aggregation of crimes.…
EN
TR
