Attitudes of the Turkish medical profession and jurists towards new Turkish legislation concerning body examination without consent in Criminal Procedure

Abstract

In Turkey, new legislation relating to criminal investigation is the subject of an ongoing debate, and is being discussed from various aspects. This legislation concerns body examination of suspects or crime victims. In this study, the approach of physicians and jurists regarding both internal and external physical examination of suspects and victims without their consent, and possible acceptable conditions for such action are addressed. Then, the new legislation is evaluated and discussed comparatively and internationally from the viewpoints of law and ethics. A questionnaire was given to a total of 600 jurists, physicians, and students of both professions in Turkey. Data was collected and evaluated. More than 90% of the physicians expressed the opinion that the new legislation should be modified or amended, while more than 70% of the jurists agreed with the current legislation which says that body examination of suspects and victims should be carried out without his/her consent for the public good. Both law students and medical students agreed with the approach of the current law. It should also be noted that the legislation was prepared by a commission of jurists only, without the cooperation of physicians. In conclusion, body examination of suspects or victims without consent should be carried out only in certain circumstances and the law should be amended. Certain regulations may still need to be prepared in collaboration with the professionals who are involved in the practice.