Intentional Injury (TCK Article 86-87): Qualified Consequences and Penalties

TCK Article 86 regulates the crime of intentional wounding; Art.87 foresees cases of injury that become aggravated due to their consequences. These articles are among the most frequently used provisions of violent acts in criminal justice.

TCK Article 86 — Basic Case

• Art.86/1: Intentionally harming the physical integrity of a person — 1-3 years in prison.
• Article 86/2: If the injury "can be remedied by simple medical intervention", 4 months-1 year imprisonment or judicial fine.
• Article 86/3: Against ancestor/descendant, spouse, child, person who cannot defend himself physically or mentally: the penalty is increased by half. The same increase is applied when processing with a weapon.

"Simple Medical Intervention" Criteria

Routine procedures such as stitching, medication and dressings at the health center are considered simple medical interventions; Bone fractures, organ damage, and injuries requiring surgery are not included in this scope. The detection is made with a forensic report.

TCK Article 87 - Injury Aggravated by Consequence

• Art.87/1: Injury causes the following serious consequences:
  • Persistent weakening of the function of one of the victim's senses or organs.
  • Persistent difficulty in speaking.
  • Fixed scar on face
  • Do not cause a situation that endangers your life.
  • Against a pregnant woman and causing the child to miscarry.
  → The punishment is made heavier.
• Article 87/2: If the injury causes a disease or vegetative state that cannot be cured, the penalty is further increased.
• Art.87/3: Injury causing child miscarriage
• Article 87/4: Injury resulting in death — in this case, not deliberate murder, but aggravated injury due to its consequence: the penalty is determined close to the upper limit (8-16 years of imprisonment).

Intentional Murder - Injury Limit

The critical element that draws the boundary is caste. Intentional murder if the perpetrator wanted or risked death; If the intention was only to injure but death occurred, aggravated injury due to Article 87/4 is applied. The Supreme Court made this distinction:

• Nature of the tool used (knife, gun, stick).
• Site of wound (vital organ — head, neck, chest).
• Number and severity of strokes.
• Post-incident perpetrator behavior (calling for help, running away).
• Previous threats/promises.

Supreme Court 3rd CD and CGK — Established Approach

3. CD and CGK adopt that in distinguishing intentional killing/injury, "the place and severity of the hit" and "tool used" should be evaluated together, and if there is an injury with a strong blow directed to a vital area, it should be considered an attempt to deliberately kill.

Unfair Provocation (TCK Article 29)

Unfair provocation discount is also applied for the crime of injury. It is concretely evaluated whether the victim's behavior causes "anger or severe pain" on the perpetrator.

Practical Considerations