The Crime Of Deliberate Injury In Turkish Penal Code
Regulation Under The Law
Any person who deliberately causes pain to someone else’s body or causes deterioration of their health or perception is punished with imprisonment from one to three years. If the effect of the act on the person is light enough to be compensated by a simple medical intervention, a prison sentence from four months to a year or a judicial fine is imposed upon the complaint of the victim.
The Term Injury And It’s Meaning Under The Regulation
What should be understood from the term injuring is regulated under the act of 86/1 in the TPC, it is expressed in the item: Any behavior that “causes pain to a person’s body or causes deterioration of his health or perception” is an injury. The benefit protected in this crime is body integrity. Body integrity can be disrupted physically or by psychological effects.
Disrupting health is creating a disease, regardless of its duration, or increasing if such a disease is present.
Perception impairment can be performed with any behavior that causes negative changes in the person’s nervous system such as intimidation, to cause a sleep disorder or anesthesize. To have a general intent is sufficient for this crime to occur. However, of course, the perpetrator will have to act with the intention of injury for this crime to occur.
The determination of the term to the extent that it can be removed with a simple medical intervention will be made according to the data of medical science. The competent institution is the Forensic Medicine Institute in case of doubt.
Aggravating Reason Of The Crime
To commit the crime of malicious wounding against ancestors, descendants, spouses, or siblings, against a person who is unable to defend himself or herself in terms of body or spirit, due to the public duty performed by the person, by abuse of influence of a public official, and in case of commitment by weapon, the punishment to be imposed is increased by half without seeking a complaint.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of THE CRIME OF DELIBERATE INJURY IN TURKISH PENAL CODE including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of DELIBERATE INJURY.
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