İnsan üzerinde deney ve deneme suçları
Özet
The crime of experiment and trial on human being is included under the scope of the new Turkish Penal Code (TPC) no. 5237, art. 90.In order for a consensual scientific experiment on humans to be free from criminal responsibility:a) Necessary permits must have been obtained regarding the experiment from authorized councils or authorities,b) The experiment must have been first done in non-human experimentation environments or on a sufficient number of animals,c) The scientific data arrived at as a result of experiments done in non-human experimentation/trial environments or on animals must render it necessary to test or experiment also on humans in order to achieve the desired result,d) The experimentation must have no foreseeable harmful or permanent effects on human health,e) During the experimentation, methods that inflict pain to the person to a degree that is not in conformity with human dignity must not be used,f) The purpose aimed with the experiment must weigh heavier than the danger to the person?s health and the burden of the process on the person,g) There must be a consent expressed in writing with sufficient information about the nature and consequences of the experiment, independent from any personal interests.Treatment-oriented trial in conformity with consensual scientific methods administered to the person after it becomes evident that known medical intervention methods will not yield any results does not give rise to criminal liability. The consent given must be in writing and based on sufficient information about the nature and consequences of the trial, and the treatment must be administered by a specialized physician in a hospital environment.