The crime of intentional injury covers actions that cause pain to a person's body or cause deterioration of his health or perception ability. It is regulated in TCK Article 86-91.
Legal Regulation: TCK Article 86/1
"Any person who deliberately inflicts pain on someone else's body or causes deterioration of their health or perception ability is punished with imprisonment from 1 to 3 years."
Can be treated with Simple Medical Intervention (BTM) (Art.86/2)
If the injury is remediable with simple medical intervention:
- Punishment Prison from 4 months to 1 year or judicial fine
- Dependent on complaint (victim must file a complaint within 6 months)
Qualified Circumstances (TCK Article 86/3)
If there is one of the following situations, the penalty is increased by half:
- Superior lineage, descendant, spouse, against sibling
- Against persons whose physical or mental health is incapable of defending themselves
- Due to the public duty performed by the person
- Abusing the influence of a public official
- With a gun
- With more than one person
- By design (planned in advance)
Aggravated Injury as a Consequence (TCK Article 87)
The penalty is aggravated if the following consequences occur as a result of intentional injury:
Art.87/1 — Sensory/Organ Deficiency
- Persistent weakening of the function of one of the senses or organs → the penalty is increased by 1
- Persistent difficulty speaking → 1 level
- Fixed scar on face → 1 coat
Art.87/2 — Serious Consequences
- Life-threatening: 5-10 years imprisonment
- Percent fixed trace
- Loss of speech ability
- Loss of an organ or sense
- Bone fracture (if not life-threatening) (m.87/3)
Art.87/4 — The Most Severe Consequences
- Impotence, loss of ability to have children
- Abortion
- Continuous deterioration
- Death (8-12 years imprisonment)
Forensic Medicine Reports
To determine the degree of injury, a report from the Forensic Medicine Institute or state hospital coroner is mandatory. Report types:
- Interim report:First examination
- Final report:After treatment
- Life-threatening assessment
- Labor loss rate (in percent)
- Aesthetic evaluation (for fixed facial scar)
Supreme Court CGK Approach
The General Criminal Assembly of the Supreme Court of Appeals emphasized that bone fracture is a "severe" result, not a "mild" one, in intentional injury files, and that the functional effect of the bone fracture (degree of bone fracture, recovery time) should be stated in detail in the ATK report.
In the life-threatening assessment, "whether there is a life-threatening situation at that moment" is measured; Even if the patient recovers as a result of the treatment, qualified injury is applied if the initial injury is life-threatening.
Effective Repentance and Reconciliation
- Scope of conciliation (CMK art. 253): Injuries due to complaint (art. 86/2 and 86/3-a between spouses) are subject to conciliation
- Discount if the victim's damage is compensated
Rights of the Victim
- Right to complain and participate
- Suit for material and moral damages (TBK art. 49 et seq.)
- Labor loss compensation from SSI (in case of work accident)
- Suspension within the scope of Law No. 6284 (in case of domestic violence)
Court in Charge
- Simple and remediable injury with BTM: Criminal Court of First Instance
- Serious injuries (Art.87/2 and later): High Criminal Court may take part
Injury cases may result in serious penalties depending on the interpretation of forensic medicine reports and the determination of qualified circumstances. The support of an experienced lawyer in the field of criminal law is important.