THE CRIME AND PUNISHMENT OF INTENTIONAL INJURY
Crimes of intentional injury, It is regulated in the section on offenses against bodily immunity in the part of the crimes against persons of the TCK No. 5237, articles 86 and 87. In paragraph 1 of Article 86 of the TCK, a person knowingly and willingly pain in the body, deterioration of its health or ability to perceive Intentional injury is defined as.
The legal benefit protected in the crime of intentional injury is the bodily immunity and bodily integrity of the person, the subject of the crime being the victim's suffering or damaged body or spiritual being. If as a result of the act committed by the perpetrator knowingly and willingly, one of the consequences specified in the article occurs, the crime of wounding will occur.
Anyone can be the victim of the crime of intentional injury. If the person is alive or not dead, he can be a victim in the name of intentional injury. Anyone can be the perpetrator of the crime of intentional injury.
If we give a few examples of the crime of intentional injury below;
- Elbow, kick, head or punch at someone,
- Throwing stones at someone,
- Stabbing someone,
- To shoot someone with a gun,
- Do not injure anyone with wood, iron, stick, or similar cutting, piercing tools
The crime of intentional injury occurs as a result of damage to the integrity of the person's body by such actions. The minimum level of harm here should be the formation of a feeling of pain and suffering in the person's body, albeit temporary, impairing his health or impairing his ability to perceive. If none of this occurs, it will not be possible for us to speak of the crime of intentional injury.
Θ Injury by inflicting pain on the body of the victim; In the human body, it can be expressed as pain that is felt at a certain level in his body. For example, the crime of simple injury occurs due to actions that caused the victim to suffer as a result of slapping, punching or squeezing his arm.
Θ Injury due to deterioration of the health of the victim; Here it is necessary that the health of the victim, either physically or spiritually, deteriorate. This impairment can be temporary, as well as permanent. For example, the fact that the victim suffers a trauma psychologically as a result of the act of wounding the perpetrator constitutes a crime of wounding as a result of deterioration of health.
Θ Injury by Impairment of the Perceptive Ability of the Victim; The result of the action that took place here arises as a result of the fact that the victim undergoes a number of changes spiritually. For example, a number of mental disorders appear in the victim, such as understanding, thinking.
Is the Crime of Intentional Injury Subject to Complaint?
Guilt of wilful woundingBefore the question of whether it is subject to complaint, we need to know that this crime is a crime that can be committed in two different ways, simple and qualified cases. The law also regulates both the simple version of this crime and the qualified form. According to the article, the simple form of the crime of wounding is subject to complaint, and its qualified cases are not subject to complaint.
TCK 86/2' 'If the effect of the act of intentional injury on the person is mild enough to be remedied by simple medical intervention, upon the complaint of the victim, it is punishable by imprisonment or a fine of four months to one year.”
One of the simple instances of the crime, “which can be remedied by simple medical intervention (BTM)”, is subject to complaint. The complaint period for the crime of wounding a man, which can be removed with BTM, is 6 months. If the victim does not complain within 6 months, the right to complain is lost.
If there are qualified cases of the offense and cases that cannot be remedied by 'simple medical intervention (BTM) ', the follow-up is not in the category of complaint-related offenses. Since the crime is not subject to complaint, there is no complaint period. In addition, reporting of these crimes is possible. On the other hand, according to the principle of investigation, the prosecutor's office can always re-investigate within the statute of limitations of the case from the moment it learns that this crime has been committed.
Is the Crime of Intentional Injury Subject to Settlement?
The simple version of the crime of intentionally wounding a man (TCK m. 86/1-2) and the crime of committing intentional injury with negligent conduct (TCK m.88) are offenses requiring the implementation of a settlement procedure between the parties. In the case of crimes covered by the settlement, both at the stage of investigation and prosecution, it is necessary to apply the reconciliation procedure first, and if a settlement is not reached, the investigation or trial should be continued.
Wrongful Incitement Discount in the Offense of Intentional Injury
Unjust incitement is defined in TCK 29 as “a person who commits a crime under the influence of an unjust act or violent element”.
If the perpetrator deliberately committed the crime of wounding the man under the influence of harm, sadness or anger caused by an act caused by the victim, he will be able to benefit from the unfair inducement deduction here. For example, if the victim severely insults the perpetrator, slanders or humiliates his partner, the perpetrator injures the victim, can be mentioned as unjust incitement. In the case of the crime of wounding a man under unfair driving, a reduction of between 1/4 and 3/4 is applied to the penalty to the perpetrator, depending on the degree of unjust driving.
Self-Defense in the Crime of Intentional Wounding (Defense)
Legitimate defense in TCK 25 “” The perpetrator shall not be punished for acts committed in proportion to the assault according to the circumstances and circumstances of an unjust attack that has occurred, which is bound to occur or repeated, according to the circumstances and circumstances of the incident..” It is defined in the form. He may then benefit from legitimate defense if he acts in a manner commensurate with the perpetrator's assault against the perpetrator or the perpetrator's relatives or the perpetrator's property. If the crime of intentionally wounding the man is committed in self-defense, the perpetrator cannot be punished.
Attempted Offense of Intentional Wounding
The attempt is that the perpetrator begins enforcement actions in the name of committing the crime, but cannot complete his crime for reasons beyond his own hands. Intentional wounding crimes are crimes conducive to attempted murder. If the perpetrator takes action in order to commit the crime and voluntarily ceases to commit the crime, the attempted provision will not be applied. In this case, the voluntary waiver provision contained in Article 36 of the TCK shall come into force. For example, if the perpetrator takes the weapon in his hands in order to commit the crime of intentional injury, but he will not be able to commit the crime of intentional wounding if the police arrive before the trigger is pressed. Therefore, the provisions of attempted injury to the crime of intentionally wounding a man shall apply to the perpetrator.
Types of Intentional Wounding Crime
The Crime and Punishment of Simple Injury
The simple crime of wounding is the simplest form of the crime of wounding, as we discussed above. Here it is divided into injuries that can be remedied by simple medical intervention and injuries that cannot be remedied by simple medical intervention.
· Injuries that can be remedied by simple medical intervention are injuries that can be remedied by simple medical practice, although they damage the person's body, health or ability to perceive. For example, like making a small dressing. For crimes of human injury that can be eliminated by BTM, the TCK is either given a prison sentence of 4 months to 1 year or a judicial fine, according to TCK. (TCK 86/2)
· The simple crime of injury, which cannot be eliminated by simple medical intervention, is that the consequences of the act committed against the victim cannot be eliminated by a simple doctor's intervention, a certain process is required for the consequences of the injury to disappear. For example, such as the imposition of stitches on the body, the formation of fractures. The penalty for the crime of simple injury that cannot be remedied is imprisonment from 1 year to 3 years according to the TCK (TCK article 86/1)
Cases that Increase the Penalty in the Crime of Simple Injury
· If the upper lineage, the lower lineage is committed against the spouse and the sibling,
· if it is committed against a person who cannot defend himself in terms of body or spirit,
· If committed by abusing the influence of a public official,
· Due to the public duty performed by the victim,
· If handled with a gun,
· When processed with monstrous feeling
If it is committed, without complaint, the penalty to be given is increased by half, and if it is committed with a monstrous feeling, it is increased by one fold. From the weapon here, the intention can be knives, firearms, or sometimes objects such as pens, sticks, tubes, etc., depending on the situation of the incident.
Guilt of Aggravated Injury as a Result
As a result, aggravated injury occurs if the act committed against the victim leaves lasting effects on the victim's body. As a result, the crime of wounding a man aggravated by injury is assessed in two groups according to the lasting effects it leaves on the victim's body.
In the following cases;
· If the function of one of the senses or organs of the victim is constantly weakened,
· If a situation occurs that will lead to permanent difficulty in the victim's speech,
· If a constant scar forms on the face of the victim,
· If a situation occurs that endangers the life of the victim,
· If it was committed against a pregnant woman and caused the premature birth of the child
The prison sentence established by law is increased by one fold.
In the following cases;
· If the victim is caused by a disease or vegetative life from which there is no possibility of recovery,
· If one of the senses or organs of the victim is caused to lose its permanent function,
· If the victim's speech or child-making abilities are lost,
· If the victim's face has been permanently scarred,
· If it was committed against a pregnant woman and caused the child to fall,
The penalty established by law is increased twofold.
Intentionally Wounding Man Crime and Bone Fracture
If a bone fracture or dislocation has occurred in the crime of intentional injury, the penalty prescribed by law is increased by 1/2 according to the impact of the fracture or dislocation on life functions. The penalty increase rate can be 1/4, 1/3 or 1/2, depending on the nature of the bone fracture or dislocation.
Death as a result of the crime of intentional wounding of a man
If death has occurred as a result of the crime of intentionally wounding the man; the crime committed is not a crime of intentional manslaughter, as a result of its legal nature, but as a crime of aggravated wounding as a result. In this case, he is sentenced to imprisonment from eight years to twelve years or from twelve years to eighteen years, according to the clause of the crime committed.
Committing the Crime of Intentional Injury with Negligent Conduct
If the intentional injury is committed with negligent conduct, the penalty may be reduced to two-thirds. In the application of this provision, the conditions for the commission of intentional killing by negligence are taken into account.
Penalty for Intentional Injury in Combination of Multiple Qualified States
If more than one of the qualifying circumstances specified in the law has occurred in the crime of intentional injury committed by the perpetrator, in this case, taking into account the criteria in Article 61 of the TCK No. 5237, it is necessary to determine the basic punishment to be determined in accordance with Article 86/1 of the TCK by moving away from the lower limit due to the occurrence of more than one qualified form of the injury crime in the same event. That is, two separate penalties can not be imposed both in the case of causing a bone fracture in his body and in the event of a condition that endangers his life. The judge here will make the determination of the punishment, moving away from the lower limit.
Competent and Competent Court in the Crime of Intentional Injury
In general in the crime of intentional injury criminal court of first instance is on duty.
If death occurs as a result of intentional injury as a result of intentional injury as a result of intentional injury heavy criminal court arranged as.
In the case of intentional injury, the court competent for the crime of wounding is carried out by the ordinary criminal or severe criminal court of the place where the crime was committed.
Intentionally injuring a man Lawyer
It will certainly be in your favor to defend yourself together with a criminal lawyer, since they can create high penalty situations in terms of the nature of injury crimes and the sentences imposed may restrict freedom. Because here the lawyer will be able to have a direct effect on the fact that the penalties you will receive in light of technical issues such as legitimate defense, wrongful driving, caste or taxing are reduced or eliminated. It doesn't matter where the lawyer who handles the intentional injury lawyer cases you're going to work with is, or where the crime was committed. It makes no difference if your case is seen in Bakırköy, Çağlayan, Kartal, Ankara or İzmir courthouses. The important criterion here is that the lawyer with whom you are going to work effectively defends. Therefore, when searching, you do not need to search for criminal lawyer Istanbul, criminal lawyer Bakırköy, criminal lawyer Çağlayan, criminal lawyer Kartal.