The crime of injury is regulated under “Crimes Against Physical Integrity” in the Turkish Penal Code.
Intentional Injury
Article 86 –
(1) 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.
(2) (Added clause: 31/3/2005 – Article 5328/4) If the effect of the intentional injury on the person is mild enough to be remedied by simple medical intervention, upon the complaint of the victim, imprisonment from four months to one year or a judicial fine shall be imposed. (Additional sentence: 12/5/2022 – Article 7406/3) If the crime is committed against a woman, the minimum sentence shall not be less than six months.
(3) In the case of intentional injury:
a) Against an ascendant, descendant, spouse, divorced spouse, or sibling,
b) Against a person who is physically or mentally incapable of defending themselves,
c) Due to the victim performing a public duty,
d) By abusing the influence possessed by a public official,
e) With a weapon,
f) (Added: 14/4/2020 – Article 7242/11) With a brutal or beastly intent,
the punishment shall be increased by half without requiring a complaint, and in the case of (f), the punishment shall be doubled.
Negligent Injury
Article 89 –
(1) A person who negligently causes pain to another person’s body or causes impairment to their health or perception ability shall be punished with imprisonment from three months to one year or a judicial fine.
(2) If the act of negligent injury causes the victim to:
a) Suffer permanent impairment in the function of one of their senses or organs,
b) Sustain a bone fracture,
c) Experience permanent difficulty in speaking,
d) Have a permanent scar on their face,
e) Be in a life-threatening condition,
f) Cause a pregnant woman to deliver her child prematurely,
the penalty determined according to the first paragraph shall be increased by half.
(3) If the act of negligent 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 have children,
d) Have permanent disfigurement of the face,
e) Cause a pregnant woman to miscarry,
the penalty determined according to the first paragraph shall be doubled.
(4) If the act causes injury to more than one person, a prison sentence of six months to three years shall be imposed.
(5) (Amended: 6/12/2006 – Article 5560/5) The investigation and prosecution of the offense of negligent injury depend on a complaint. However, except for injuries covered by the first paragraph, no complaint is required if the offense is committed with conscious negligence.
Moral Compensation: The claim for moral compensation is specifically regulated in cases of unlawful violation of a person’s personal rights, death, and violation of bodily integrity. Moral compensation does not constitute compensation for material damage. The purpose of this compensation is to provide spiritual satisfaction that helps to alleviate the moral harm, distress, and psychological trauma suffered by the victim as a result of the attack on their personal rights. It may be applicable in cases such as insult, bodily harm, or work accidents.
It should first be noted that moral damage can also be compensated by means other than money. For example, a person whose personal rights have been harmed due to an error in a newspaper can request a correction to be published in the subsequent issue.
How to Claim Compensation for Injury?
Whether the injury is caused intentionally or negligently, the injured person can file a compensation lawsuit against the perpetrator. If the injury act has been the subject of a criminal case and the defendant has been convicted, meaning that the defendant has been found guilty, then since the wrongful act of injury has been established by the criminal trial, in the subsequent compensation lawsuits for material or moral damages, the wrongful act element is considered fulfilled, and compensation can be awarded against the defendant who caused the injury. However, if the injury act is not subject to a criminal case, the injured person must prove the elements of the wrongful act regarding the injury and file this case in civil courts. In short, material or moral compensation lawsuits can also be filed without a prior criminal case.
Moral Compensation Lawsuit Resulting from an Injury Act
A person who has been injured may feel powerless in front of society and may lose their joy of life by experiencing feelings of pain, sorrow, grief, or distress. In such cases, we understand that the person has suffered psychological harm, which is an intangible rather than a tangible loss. Even if the person has not suffered material damage, they may still have experienced harm that is invisible but felt emotionally. In our legal system, this type of harm is addressed by moral compensation, and lawsuits filed for compensation of such harm are called moral compensation claims.
If the injured person proves the existence of the injury, that it has directly affected them emotionally, and that they have suffered harm as a result, moral compensation will be awarded in their favor. The person who committed the injury act will be required to pay the amount determined by the court as moral compensation to the injured party. The following points should be considered in order to successfully win a moral compensation lawsuit:
- Proof of the Tortious Act
- Proof of Fault of the Person Who Committed the Act
It is not possible to measure the resulting moral damage in monetary terms; however, considering the necessity to minimize the harm suffered by the injured person due to the injury, it is inevitable that the defendant pays the determined moral compensation. The purpose of moral compensation is not to financially cover the damage caused, but since it cannot be imagined that the defendant would benefit from this, it is a legal requirement to compensate this harm financially.
Where is the Injury Compensation Lawsuit Filed?
The person affected by the injury crime can both file a complaint with the Public Prosecutor’s Office against the person who committed the injury and also file a compensation lawsuit. If only moral compensation is requested, the competent court will be the civil court of first instance. However, if the victim requests both moral and material compensation, other courts may have jurisdiction depending on the nature of the case. If the person who committed the injury receives a custodial sentence or even the minimum penalty in the criminal case, this can lead to a ruling for both material and moral compensation in the injury compensation lawsuit.
The Injury Compensation Lawsuit is filed in the Civil Court of First Instance. This provision is regulated in the Code of Civil Procedure.
Can Moral Compensation Be Claimed Due to a Traffic Accident?
In traffic accidents, the resulting damages may be material as well as moral. In such cases, moral compensation can be claimed from two perspectives: in cases involving injury or in cases involving death. In injury-related traffic accidents, the injured person may claim compensation from the individuals or institutions responsible for the accident due to the pain and distress they have personally suffered. In fatal traffic accidents, the relatives of the deceased may seek moral compensation from the individuals or institutions responsible for the accident for the pain and grief they have experienced. When a claim for moral compensation is made in traffic accidents, one of the most important aspects for the judge to consider is the investigation of fault.
Can Moral Compensation Be Claimed Due to a Work Accident?
Moral compensation is claimed for the emotional pain and distress suffered by a person as a result of an unlawful act.
There are various types of compensation lawsuits, such as those arising from breach of contract, criminal acts, traffic accidents, workplace accidents, and broken engagements, which may involve both material and moral compensation.
In the case of a workplace accident resulting in the injury of a worker, the worker may claim material compensation, temporary incapacity compensation, and moral compensation.
“Jurisdiction in Lawsuits Arising from Torts
ARTICLE 16 – In lawsuits arising from torts, the court of the place where the tort was committed, where the damage occurred or is likely to occur, or the court of the domicile of the injured party shall also have jurisdiction.”
The defendant will be the person who committed the act of injury, and the plaintiff will be the injured person.
Statute of Limitations for Injury Compensation Lawsuit
An act of injury constitutes a tort. Compensation lawsuits arising from injury are generally subject to statutes of limitation of 2 and 10 years. However, since the act of injury also constitutes a criminal offense, if the individual files a criminal complaint and ensures the perpetrator is prosecuted, then the criminal statute of limitations will also apply, allowing the individual to initiate a lawsuit within the period defined by criminal law.
Therefore, a person who suffers an injury should ideally file their claim within the 2-year limitation period. In short, even if the victim does not file a formal complaint, they may still pursue a compensation lawsuit. However, both lodging a complaint and initiating a compensation case are significantly important for the progress and outcome of the case.
Relevant Court of Cassation (Yargıtay) decisions are as follows:
Republic of Turkey, Court of Cassation, 4th Civil Chamber, Case No: 2016/6835, Decision No: 2018/2428, Date: 29 March 2018
CASE: Upon the petition submitted on 22/07/2014 by the plaintiffs … and others, through their attorney …, against the defendants … and others, requesting non-pecuniary damages due to intentional injury, a trial was conducted by the court. At the end of the proceedings, the judgment dated 28/03/2016, which partially accepted the claim, was appealed in due time by the attorney of the defendants, Attorney …, and the appeal petition was accepted. After the report prepared by the examining judge and the documents in the file were reviewed, the necessary deliberations were made.
DECISION: 1)In view of the documents in the case file, the evidence on which the judgment is based, and the legally valid grounds for the decision—particularly the absence of any error in the evaluation of the evidence—the appeal objections of the defendants against the plaintiffs … and …, except for those falling within the scope of the paragraph below, should be rejected.
2-) As for the other appeal objections of the defendants;
The lawsuit concerns a claim for compensation of non-pecuniary damages arising from an unlawful act. The court partially accepted the claim; the judgment was appealed by the defendants’ attorney.
The plaintiffs’ attorney stated that there was a dispute between their clients and the defendants’ deceased relative regarding the ownership of the land, that on the day of the incident the defendants’ deceased and his children (the current defendants) came to the plaintiffs’ workplace, and that the defendants injured the plaintiffs’ deceased and plaintiffs … and …, and that the defendants were convicted by the … Criminal Court of First Instance with decision no. 2010/362 (Merits) and 2013/677 (Decision). Therefore, the plaintiffs demanded compensation for the non-pecuniary damages they suffered.
The defendants submitted their responses to the lawsuit.
The court decided to partially accept the case on the grounds that the defendants’ intentional assault acts were proven within the scope of the criminal file.
Upon examination of the file, it is understood that the defendants’ intentional assault acts were directed at the plaintiffs’ deceased … as well as the plaintiffs … and …. In the petition, it is seen that the plaintiffs … and … requested moral compensation for the intentional assault acts directed both at themselves and their deceased father …, while the plaintiffs …, …, and … requested moral compensation due to the intentional assault acts directed at their deceased father ….
The issue to be discussed is whether the heirs can claim moral compensation for the intentional assault acts directed at the deceased.
Article 47 of the Turkish Code of Obligations No. 818, which was in force at the time of the incident, stipulates: “The judge may decide to award reasonable compensation for moral damages to a person who suffers bodily harm or, in case of death, to the family of the deceased.”
According to this regulation, primarily the right to claim moral compensation is granted to the person whose physical and mental integrity has been impaired. In addition, persons who have been psychologically affected by the bodily harm suffered by a close relative may also claim moral compensation independently of the injured party. However, for this to apply, the injury must have directly and severely harmed or caused distress to the personal interests or rights of the affected person. In other words, if a person’s physical injury has severely harmed the legally protected psychological and nervous integrity of one of their closest relatives due to the same act, that relative also has the right to claim moral compensation (Supreme Court of Appeals, Joint Chambers, 26.04.1995, No. 1995/11-1995/403).
Therefore, considering the legal regulation in force at the time of the incident and the settled jurisprudence of the Supreme Court, the relatives of the victim may only claim moral compensation in cases of death or severe bodily injury. Accordingly, given the degree of injury to the deceased father of the plaintiffs, it is not possible for them to claim moral compensation.
For the reasons explained above, while the moral compensation claims of the plaintiffs regarding the injury to their deceased father should have been entirely dismissed considering the degree of the injury, the partial acceptance of the claim with an erroneous justification was deemed incorrect, and the decision needed to be overturned.
RESULT: The appealed decision is REVERSED in favor of the defendants for the reasons explained in section (2) above…
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