The crime of intentional injury is regulated in Article 86 of the Turkish Penal Code, titled “Crimes Against Physical Integrity.” This crime essentially occurs when one person injures another. This article will provide detailed information about the crime of intentional injury.
What is the Crime of Intentional Injury?
The crime of intentional injury occurs when a person deliberately injures another person. If the injury results in significant harm or the death of the person, the perpetrator’s penalty is more severe. The crime of intentional injury holds a distinct place in the Turkish Penal Code and is regulated as a separate article.
The legislator defines the crime of intentional injury in the Turkish Penal Code as: “A person who injures another by causing pain to their body or health shall be punished with imprisonment from three months to three years.” Depending on the damage caused by the intentional injury, the perpetrator may face harsher penalties. The crime of intentional injury is regulated under Article 86 of the Turkish Penal Code.
Article 86:
- A person who intentionally causes pain to another person’s body or causes impairment to their health or perception ability shall be punished with imprisonment from one year to three years.
- (Additional paragraph: 31/3/2005 – Law No. 5328/Article 4)
If the effect of the intentional injury on the person is minor and can be remedied by a simple medical intervention, the offender shall be sentenced to imprisonment from four months to one year or a judicial fine upon the complaint of the victim.
(Additional sentence: 12/5/2022 – Law No. 7406/Article 3)
If the crime is committed against a woman, the minimum sentence shall not be less than six months. - In cases where the intentional injury is committed:
a) Against an ascendant, descendant, spouse, divorced spouse, or sibling,
b) Against a person who is unable to defend themselves physically or mentally,
c) Due to the public duty performed by the person,
d) By abusing the influence held by a public official,
e) Using a weapon,
f) (Added: 14/4/2020 – Law No. 7242/Article 11) With a cruel or barbaric intent,
the penalty imposed shall be increased by half without requiring a complaint, and in the case of subsection (f), the penalty shall be doubled.
What Are the Necessary Elements for the Occurrence of the Crime of Intentional Injury?
The crime of intentional injury consists of the elements of intent, injury, and victim according to Articles 86 and 87 of the Turkish Penal Code. The first element, intent, means that the perpetrator must act deliberately to injure the person. It is not enough that the perpetrator only foresees the possibility of injury; they must act willfully and desire this result.
Regarding the injury element of the crime, the perpetrator must cause pain to the victim’s body or health. To speak of injury, it is sufficient that the victim suffers harm to their health and experiences pain. Furthermore, it is not necessary for the crime to cause only physical harm or pain; psychological harm to the victim also constitutes the element of injury. The victim is the person who suffers harm or injury from the crime.
What is the Penalty for the Crime of Intentional Injury?
In our legal system, the penalty for the crime of intentional injury is determined by Articles 86 and 87 of the Turkish Penal Code. Accordingly, imprisonment is prescribed as the penalty for intentional injury. However, the sentence can be increased depending on the nature and severity of the injury. For example, if the victim suffers permanent damage or serious injury, the penalty may be increased pursuant to Article 87 of the Turkish Penal Code.
According to Article 87 of the Turkish Penal Code, the penalty of the offender is increased by departing from the minimum sentence in the following cases.
Article 87:
- If the intentional injury causes the victim to:
a) Suffer permanent weakening of the function of one of their senses or organs,
b) Experience permanent difficulty in speech,
c) Have a permanent scar on their face,
d) Be placed in a life-threatening condition,
e) Be a pregnant woman and cause premature birth of her child,
the penalty determined according to the above article shall be increased by one fold. However, the sentence imposed shall not be less than three years in cases covered by the first paragraph and not less than five years in cases covered by the third paragraph.
- If the intentional injury causes the victim to:
a) Suffer from an incurable disease or enter a vegetative state,
b) Lose the function of one of their senses or organs,
c) Lose the ability to speak or reproduce,
d) Have a permanent change in their face,
e) Be a pregnant woman and cause a miscarriage,
the penalty determined according to the above article shall be doubled. However, the sentence imposed shall not be less than five years in cases covered by the first paragraph and not less than eight years in cases covered by the third paragraph.
- If the intentional injury causes a fracture or dislocation of bones in the body, the penalty determined according to the above article shall be increased by up to half, depending on the effect of the fracture or dislocation on vital functions.
- If death results from the intentional injury, imprisonment shall be imposed as follows:
From twelve to eighteen years in cases covered by the third paragraph.
From eight to twelve years in cases covered by the first paragraph of the above article,
The Crime of Intentional Injury and the Principle of Proportionality in Legitimate Defense
In the decision numbered 2013/9233 (case file) and 2014/202 (decision) of the 1st Criminal Chamber of the Court of Cassation, a case involving the defense of legitimate self-defense in relation to the crime of intentional injury was examined. According to this decision:
“A person’s act of defending themselves or another against an attack by the opposing party is recognized by law as legitimate self-defense. However, the principle of proportionality must also be considered in exercising the right of self-defense. In other words, there must be a balance between the severity and nature of the attack and the severity and nature of the defense.”
In this decision, while the defendant was found to have committed the crime of intentional injury, it was determined that they exercised their right to legitimate self-defense and adhered to the principle of proportionality in their defense. The defendant’s intervention to defend themselves, due to an initial physical attack by the victim, was evaluated as a proportional response. Therefore, it was decided that there was no need to punish the defendant for intentional injury.
As understood from this Court of Cassation decision, for legitimate self-defense to be accepted, it must be applied proportionally to the injury and harm risk faced.
Is Attempting the Crime of Intentional Injury Possible?
In the decision numbered 2015/10775 (case file) and 2015/10010 (decision) of the 12th Criminal Chamber of the Court of Cassation, the allegation that the defendant attempted the crime of intentional injury was examined. In this decision, it was stated that the defendant walked toward the victim, the victim leaned against the wall to protect himself, and the defendant kicked the victim, but the kick did not hit the victim.
As understood from the above Court of Cassation decision, it was accepted that the defendant attempted the crime of intentional injury by kicking the victim, but since the kick did not hit the victim, it was concluded that the elements of the crime were not fully realized, and therefore, the act remained at the stage of attempt.
Is It Possible to Commit the Crime of Intentional Injury in Concurrence?
In the decision numbered 2017/12336 (case file) and 2018/200 (decision) of the 1st Criminal Chamber of the Court of Cassation, it was stated that the defendants acted together and approached the victim, one defendant punched the victim, and the other defendant kicked the victim. The decision accepted that the defendants participated in the crime of intentional injury.
As understood from the above Court of Cassation decision, it was accepted that the defendants acted together and participated in the crime of intentional injury. According to our law, those who participate in the crime of intentional injury are responsible for the same crime and are subject to the same criminal sanctions. However, it is also possible to punish the participants separately by considering their actual acts and degrees of responsibility during the commission of the crime. The court will assess the responsibilities of the participants arising from the formation of the crime.
ANTALYA CRIMINAL LAWYER – ANTALYA CRIMINAL LAW LEGAL SERVICES
The crime of intentional injury is a serious offense in our legal system, punishable by imprisonment, and its penalty is accordingly regulated harshly. Additionally, after the crime is committed, the victim has certain rights. The injured person, who is the victim harmed by the crime, can claim both material and moral compensation against the perpetrator due to the offense. It is extremely important for victims of intentional injury to seek assistance from an expert lawyer in order to avoid loss of rights and time. As Antalya legal services, our law office provides you with professional assistance and case follow-up in the field of criminal law.
