A traffic argument, a neighbor fight, a fight at work or a family incident often leads to the same thing:crime of intentional injury and the resulting criminal case. In practice, it is one of the busiest file types in criminal courts of first instance. In this article, I explain what the crime of intentional injury is, how the penalty is calculated, the complaint period, why the forensic report is at the center of everything, and the most common mistakes made in the process with concrete examples.
What is the crime of intentional injury?
The crime is regulated in Article 86 of the Turkish Penal Code No. 5237. According to the article, a person who deliberately causes pain to another person’s body or causes deterioration of his health or perception ability,
It is punished with one year, six months to three years imprisonment penalty.
Two points of this definition are important. First, the law says “pain”, not “wound”. It is not necessary for there to be bleeding, hospitalization or broken bones. A slap, hair pulling, pushing or dropping may also constitute the crime of intentional injury. Secondly, the act must be committed intentionally. Injuries that occur as a result of carelessness are within the scope of negligent injury in TCK 89, and the penalty is much lighter: imprisonment from four months to two years or a judicial fine. Injuries in traffic accidents typically fall under this clause.
It is also possible to commit the crime through negligent behavior. According to TCK 88, the penalty to be imposed in this case can be reduced by up to two thirds.
Injury that can be resolved with simple medical intervention
This is the most common situation in practice. According to TCK 86/2, if the effect of the injury on the person is so light that it can be eliminated with a simple medical intervention, the penalty
It becomes imprisonment from six months to one year and six months or a judicial fine. The critical point here is this: in this case, the crime depends on the complaint. If the victim does not complain, an investigation cannot be carried out.
With an amendment made in 2022, if the crime is committed against a woman, the lower limit of the penalty in this paragraph cannot be less than nine months.
Qualified circumstances that increase the penalty for intentional injury
Penalty in cases listed in TCK 86/3is increased by half and more importantly crime ceases to depend on the complaint; The prosecutor’s office conducts an investigation ex officio, and even if the victim withdraws his complaint, the case is not dismissed. These situations are:
- Committed against ancestor, descendant, spouse, divorced spouse or sibling
- Committed against a person who is unable to defend himself physically or mentally
- Processing of a person due to the public duty he performs (such as a doctor, teacher, law enforcement officer)
- Abuse of influence by a public official
- Processing with a gun
- Committing with monstrous feelings — the penalty is increased by one in this clause
The concept of “weapon” is much broader than it seems. Other than a knife or firearm; Hard objects used in an attack, such as bottles, belts, stones, sticks, and pieces of glass, can also be considered weapons. For this reason, a simple fight can turn into a file that is not based on a complaint and whose penalty increases by half due to the object used.
Aggravated injury due to its consequences
If the injury has permanent consequences, TCK 87 comes into play. Verb; persistent weakening of the function of one of the senses or organs, persistent difficulty in speaking,
If percent fixed trace caused a life-threatening situation or premature birth of a pregnant woman’s child, the penalty determined in accordance with Article 86is increased by one; The penalty to be imposed cannot be less than four years in case of 86/1, and six years in case of 86/3.
If the consequence is more severe — incurable disease, vegetative state, loss of organ or sensory function, loss of the ability to speak or bear children, permanent change of the face, miscarriage of the child — punishment is increased by two; The lower limits are six and nine years. In case of bone fracture or dislocation, the penalty is increased by half depending on the impact of the fracture on life functions. If death occurs as a result of injury, the penalty is imprisonment from ten to fourteen years, and in qualified cases, from fourteen to eighteen years.
Forensic report: the document that determines the fate of the file
In the crime of intentional injury, the main evidence that the court relies on is not the narrative of the parties,is a forensic report. After the incident, it is necessary to go to the state hospital or the Forensic Medicine Institute and request a “forensic report”; An ordinary examination document is not sufficient. The report determines whether the injury can be resolved with simple medical intervention, whether there is a life-threatening situation, whether there is a bone fracture, and the effect of the fracture on vital functions. The penalty is calculated exactly based on these findings.
Fixed scar on the face requires special attention. Not every scar is considered a permanent scar on the face; The scar must be noticeable at first glance in daylight or in a well-lit environment, from a speaking distance of 1-2 meters, and the healing process must be completed. The General Criminal Assembly of the Supreme Court of Appeals, on this matter, decided to review the report on permanent facial scars.at least six months after the event decided that it should be based on the examination to be carried out; It overturned the conviction based on the report received before this period passed. In another decision, the Supreme Court emphasized that permanent facial scarring cannot be considered to be remediable with simple medical intervention, and therefore the basic penalty should be determined based on 86/1, not 86/2.
How does the process work?
1. Complaint and duration
If the crime is based on a complaint (simple wounding or reckless wounding within the scope of 86/2), in accordance with TCK 73
There is six month complaint period. This period starts from the day the person who has the right to complain knows or learns about the act and who the perpetrator is. Investigation and prosecution cannot be carried out after the period has passed. If there is one of the qualified situations in TCK 86/3, a complaint period is not required; only the general statute of limitations applies.
A complaint can be made by petition to the Chief Public Prosecutor’s Office or by making a statement to the police station or gendarmerie station.
2. Reconciliation phase
This step cannot be skipped in most files. According to Article 253 of the Code of Criminal Procedure No. 5271, the crimes of intentional injury (except for the third paragraph, article 86; article 88) and reckless injury (article 89)is within the scope of settlement. In other words, in a typical intentional injury file, before the indictment is issued, the file is sent to the conciliation office and the appointed mediator makes an offer to the parties.
Details that need to be known in practice are: after the settlement offer has been made within seven days If no response is given, the offer is deemed rejected. The conciliator concludes the transactions within thirty days at the latest; The office may extend this period maximum twice, not exceeding twenty days each time. If a compromise is reached and the suspect fulfills his act repeatedly, it is decided that there is no need for prosecution; If the performance is postponed to a later date or paid in installments, it is decided to postpone the filing of the public lawsuit.
A very important legal conclusion: when a compromise is reached, except for damages that cannot be detected at the time of settlement or that occur later,cannot be sued for compensation; If there is a lawsuit filed, it is deemed to be waived. Therefore, signing a settlement before the permanent result of the injury is clear, for example before a permanent scar report is received, will result in a serious loss of rights. Conciliator fees and expenses are counted as litigation expenses; If reconciliation occurs, these expenses will be covered by the State Treasury.
3. Prosecution and possible consequences
If no agreement is reached or the crime is not within the scope of mediation, the prosecutor’s office issues an indictment and the file is heard, as a rule, in the criminal court of first instance. Files containing the serious consequences of TCK 87 may fall within the jurisdiction of the high criminal court.
Institutions that reduce or abolish the punishment may come into play during the trial.Unfair provocation(TCK 29) provides that the penalty to be given to a person who commits a crime under the influence of anger or severe pain caused by an unfair act is reduced from one quarter to three quarters; It is the most frequently applied rule in mutual fights.Legitimate defense(TCK 25/1) results in the perpetrator not being punished at all if an unjust attack that has occurred or is certain to be repeated is repelled in proportion to the attack according to the current situation and conditions; The most controversial point here is proportionality.
Also in CMK 231postponement of the announcement of the verdict may come up. If the imposed penalty is imprisonment for two years or less or a judicial fine, this decision may be given provided that the defendant has not been previously convicted of a deliberate crime, it is believed that he will not commit a crime again, and the damage to the victim or the public is completely compensated. In this case, the defendant is subject to a five-year supervision period; If no new crime is deliberately committed during the supervision period and the obligations are complied with, the verdict is annulled and the case is decided to be dismissed. If the condition of repairing the damage cannot be fulfilled immediately, this decision can also be made by paying in monthly installments during the audit period.
What documents are required, how much does it cost?
In order to enter the file prepared, it is necessary to collect the following: forensic report and all medical documents (prescription, epicrisis, film, surgery report), dated photographs of the injury, witness information, location of security camera records around the crime scene, law enforcement report number, documents regarding treatment expenses and incapacity days. If it will be followed through a proxy, a power of attorney is required.
On the cost side: no fee is payable for a criminal complaint. Attorney fees are based on the minimum wage tariffs published by bar associations every year; It is determined according to the city, the weight of the file, the number of hearings, and whether there is a claim for compensation. If a separate lawsuit will be filed in a civil court for material and moral compensation, a relative advance fee and expense must be paid according to the requested amount. It would be beneficial to have a written contract regarding the wage from the beginning.
Common mistakes
- Missing the six-month complaint period. In case of simple injury, this is an irreparable loss.
- Not receiving a forensic report. Just being examined and going home leaves the file without evidence.
- Not receiving a report again after six months for fixed facial scars. The qualification for aggravated assault is missed due to its consequence; Both the penalty and compensation remain very low.
- Compromising before the permanent outcome is clear. Compensation is closed except for subsequent damages.
- Hitting the other party. The limits of legitimate defense are very narrow; Generally, both parties become defendants and are punished with a reduction in unfair provocation.
- Not following notifications. Failure to notify a change of address may result in a verdict being passed without being informed of the hearing.
- Sharing the event on social media. Shares can be used as evidence against the file; It can also open the door to accusations of insults or threats.
Two concrete examples
Example 1. During an argument in a cafe, a person is hit with a fist, the forensic report says “it can be resolved with simple medical intervention”. This is within the scope of TCK 86/2: it depends on the complaint, if no complaint is made within six months, a lawsuit cannot be filed; If a complaint is made, mediation is mandatory.
Example 2. In the same argument, the other party breaks the glass glass and throws it at the face. Since the glass will be considered a weapon, the crime falls within the scope of TCK 86/3-e and is no longer subject to complaint. If a permanent scar is detected in the report received after six months, TCK 87/1-c is applied and the lower limit increases to four years. At this point, the victim’s withdrawal of the complaint does not drop the case.
Frequently asked questions about the crime of intentional injury
How much imprisonment is the penalty for intentional wounding?
The basic penalty is imprisonment for one year, six months to three years. If the injury can be resolved with simple medical intervention, a prison sentence of six months to one year and six months or a judicial fine is imposed. In qualified cases, the penalty is increased by half, and in permanent consequences, it is increased by one or two times; If death occurs, it starts from ten years.
How many months is the complaint period for intentional injury?
In cases related to the complaint, it is six months and starts from the day you learn about the act and the perpetrator. Since complaints are not required in qualified cases in TCK 86/3, this period does not apply; The prosecutor’s office conducts an investigation on its own.
If the complaint for intentional injury is withdrawn, will the case be dismissed?
In cases of simple injury (TCK 86/2), giving up dismisses the case. However, in cases committed with a weapon, against a spouse or sibling, due to public duty, and in cases of aggravated injury due to its consequences within the scope of TCK 87, giving up will not have any consequences and the trial will continue.
Is the crime of intentional injury subject to reconciliation?
Yes. Pursuant to CMK 253, intentional injury (except for the third paragraph, articles 86 and article 88) is within the scope of mediation. Qualified cases within the scope of TCK 86/3 and serious situations under TCK 87 are outside the scope of conciliation.
Can the announcement of the verdict be postponed in cases of intentional injury?
Available. If the penalty imposed is imprisonment of two years or less or a judicial fine, if the defendant has not been previously convicted of an intentional crime and if the damage has been completely remedied, this decision may be made. The defendant is subject to a five-year probation period.
When should the percentage fixed trace report be received?
Evaluation made before the recovery process is completed will not be considered valid. Established forensic practice and Supreme Court jurisprudence require that this report be obtained at least six months after the incident; If the physician deems it necessary, the period may be extended.
Can I file a lawsuit for compensation other than intentional injury?
Yes, criminal liability and civil liability are independent of each other. A lawsuit can be filed in civil court for treatment expenses, loss of earnings, loss of ability to work and moral compensation. However, if a compromise has been reached, a lawsuit for compensation cannot be filed for that crime.
Is injury in a traffic accident considered intentional injury?
No, as a rule, it is within the scope of negligent injury in TCK 89: imprisonment from four months to two years or a judicial fine. The penalty is increased if there is a bone fracture, permanent scar on the face or a life-threatening situation. This crime also depends on the complaint; However, if there is conscious negligence and the result exceeds the slightest injury, no complaint is required.
Result
In
Crime of intentional injury cases, the outcome is determined by the steps taken immediately after the incident: obtaining a forensic report with accurate content, not missing the six-month complaint period, obtaining a new report in the sixth month if there is a possibility of a permanent scar on the face, and giving an informed response to the conciliation offer. If you are a suspect, the possibilities of unfair provocation, self-defence, compensation for damage and postponement of the announcement of the verdict should be evaluated from the very beginning. Moving quickly and accurately on both sides completely changes the course of the case.
Disclaimer: This article contains general information about Turkish law and has been prepared for informational purposes; It does not constitute legal advice. Legislation and judicial decisions may change, and the application of the provisions varies depending on the characteristics of each case. You should consult a lawyer for your specific situation.
Applicable work area
If you need legal support on this matter
You can review our pageCriminal Law
You can contactto evaluate your file..
