TCK Article 86 - Crime of Intentional Injury: Article Explanation

Elements of Crime

1) Material Element

The perpetrator's action against the physical integrity of another person results in pain, deterioration of health or impairment of perception ability.

Action: A single strike, push, kick, punch, bite, pull hair, pour chemicals, etc. Behaviors performed verbally and not involving physical contact (e.g. intimidation) do not cause injury; Unless there is an accompanying physical impact, insult or threat crimes come to the fore.

2) Spiritual Element

The moral element of the crime is intention. Direct intent (foreseeing and desiring the outcome) or possible intent (foreseeing and considering the outcome) is sufficient. Negligence is regulated as a separate crime within the scope of TCK Article 89 - Injury by negligence.

Simple Injury (TCK article 86/2)

If the injury is to the extent that it can be "remedied with a simple medical intervention", less punishment is applied and the crime depends on the complaint. Simple medical intervention in medical practice; These are non-surgical interventions that do not require hospitalization, such as dressing, antiseptic application, and painkillers.

When "simple medical intervention" is detected with the Forensic Medicine Institute report, Article 86/2 is applied.

Qualified Circumstances (TCK Article 86/3)

These cases are prosecuted ex officio, without any complaint, and the penalty is increased by half:

a) Against Close Family Members

Injury committed against a mother, father, grandfather, grandmother, child, grandchild, spouse or sibling. Additional measures of Law No. 6284 may also be applied within the scope of domestic violence.

b) Against the Vulnerable Person

Injury committed against vulnerable people such as patients, children, elderly, disabled, sleeping, unconscious.

c) Due to Public Duty

Injury suffered by public officials such as police, doctors, teachers, judges and prosecutors due to their duties. Qualified status applies when the victim is a public official.

d) Abuse of Influence by a Public Official

Injury by the perpetrator, who is a public official, by abusing his power of duty (e.g. police violence during interrogation).

e) With a gun

According to TCK Article 6/1-f, the concept of weapon is interpreted broadly: firearms, knives, cleavers, sticks, crushing/cutting/piercing tools, and even in some cases objects such as shoes, stones and bottles can also be considered weapons.

f) Feel Monstrous

Intentional torture, perverted motive, injury committed for the purpose of mocking. It is related to the weight of the spiritual element.

Aggravated Injury as a Consequence (TCK Article 87)

The victim suffers from intentional injury;

• (1) Persistent weakening of the function of one of the senses or organs,
• (2) Constant difficulty in speaking,
• (3) Fixed scar on the face,
• (4) A situation that endangers one's life,
• (5) Premature birth of a child to a pregnant woman

If this occurs, the penalty is increased by one fold. In case of more severe consequences (complete loss of organ function, incurable disease, loss of speech ability, miscarriage, permanent change of face), the penalty is doubled.

Reconciliation

The crime of simple injury (Art. 86/2) is within the scope of reconciliation (CMK Art. 253). However, aggravated injury due to qualified circumstances (Art. 86/3) and its consequences are outside the scope of reconciliation.

Complaint Period

The complaint period for simple injury is 6 months; It operates from the date the victim learns about the act and the perpetrator (TCK Article 73).

Timeout

• Art.86/1 (simple case, without complaint): 8 years statute of limitations (TCK Art.66/1-e)
• Article 86/2 (simple case, complainant): Once the complaint period has passed, there is no statute of limitations; 8 years if complained
• Art.86/3 (qualified): 8 years
• Art.87 (aggravated due to its consequences): Between 8-15 years depending on the amount of the penalty

Important Supreme Court Decisions

Weapon Concept

In its consistent decisions, the Criminal General Assembly of the Supreme Court defines objects such as shoes, stones, sticks and bottles as weapons depending on the characteristics of the incident. What is decisive is the injurious power and effect of the object under the conditions in which it is used.

The Fight Should Be Mutual

In case both parties hit each other in a fight, the crime of intentional injury is applied to both parties; Legitimate defense conditions are also evaluated.

No Injury or Leave a Mark

Any physical contact that causes pain, even if it does not leave a mark on the body, constitutes the crime of injury (e.g. slapping, pushing). The absence of a trace does not eliminate the existence of the crime; However, it affects the evaluation of simple medical intervention.

Relationship between Action and Punishment

In case more than one person is injured with a single action, a separate crime occurs for each victim and the rules of real assembly (TCK Article 43) are applied. Consecutive hits against the same person are considered a single injury crime.

Practical Results

• In case of injury, a forensic medical report showing signs of assault/force must be obtained immediately.
• The duration of the complaint (6 months) is of vital importance in cases of simple injury.
• In cases of domestic injury, an injunction should be requested within the scope of Law No. 6284.
• Whether the defendant's tool, which is described as a weapon, is actually considered a weapon or not is decisive for the defense in the file.
• In cases of serious injury, the correct determination of the application of Article 87 will seriously affect the amount of the penalty.