What is Intentional Injury Offense? What is the Penalty?
In this article, we aim to provide basic information in a brief and understandable manner about the crime of intentional injury, which comes to the agenda when a person's bodily integrity is intentionally damaged. This crime is regulated under Articles 86 and 87 of the Turkish Criminal Code and aims to protect the physical integrity of individuals. In this context, the most frequently asked questions in practice, such as what the crime of intentional injury is, under what circumstances it occurs, its elements, its penalty, and the trial process, are addressed.
What is the intentional injury offense?
Intentional injury offense is the crime committed by causing pain to someone’s body, or damaging their health or perception. This crime is regulated within the scope of TPC art. 86.
In which situations does the intentional injury offense occur?
The intentional injury offense particularly occurs in the following situations:
-
Assault (punch, slap, kick, etc.)
* Injury resulting from physical intervention * Behaviors that cause damage to health * Temporary influence on the person's consciousness
What are the elements of the intentional injury offense?
For the intentional injury offense to occur:
-
Intervention in the victim’s physical integrity
* This intervention must be done intentionally * Harm or pain must occur
is required.
Who can commit the intentional injury offense and who can be the victim?
This crime can be committed by anyone. The victim can only be real persons.
What is the penalty for the intentional injury offense?
The penalty amount is determined according to the degree of injury:
- The penalty for the crime of intentional injury is regulated as 1 to 3 years of imprisonment (TPC art. 86). In cases that can be resolved with simple medical intervention, the penalty is lower.
What are the qualified forms of the intentional injury offense?
The situations requiring heavier penalties for the crime are as follows:
-
Committed with a weapon
* Committed by more than one person * Committed against an ascendant, descendant, or spouse * Committed against a public official
In addition, if results such as:
-
Bone fracture
* Permanent scar * Life-threatening situation
occur, the penalty is increased (TPC art. 87).
Is the crime of intentional injury subject to a complaint? Is mediation possible in
the crime of intentional injury?
Simple intentional injury is subject to a complaint and is within the scope of mediation. Qualified forms are not subject to a complaint and are not within the scope of mediation. The complaint period is 6 months.
How does the investigation and prosecution process progress in the crime of
intentional
injury?
The criminal process generally consists of the following stages:
- A complaint is made to the public prosecutor’s office. 1. An investigation is started. 1. A medical report is obtained. 1. Evidence is collected. 1. An indictment is prepared. 1. A criminal case is filed. 1. The court makes a decision.
How long does a lawsuit take in the crime of intentional injury?
While the duration of the lawsuit varies according to the characteristics of the concrete case, it generally results between 6 months and 2 years in practice.
The information on this page is prepared for general awareness purposes. Since every concrete
case has different characteristics in terms of criminal law, legal evaluation may vary according
to the characteristics of the event. It is important to obtain legal support suitable for your
concrete situation in order not to experience loss of rights within the scope of the crime of
intentional injury and to ensure that the process is carried out correctly.FREQUENTLY ASKED QUESTIONS ABOUT INTENTIONAL INJURY
The information on this page is prepared for general information purposes. Since the characteristics of each concrete case differ in terms of criminal law, legal evaluations may vary depending on the characteristics of the case. In order to avoid loss of rights under the scope of intentional injury offense and to ensure the process is conducted correctly, it is important to obtain legal support suitable for your concrete situation.