Introduction

Acts that harm a person's physical integrity are regulated as bodily injury crimes in the Turkish Penal Code (TCK). These crimes can be committed intentionally or unintentionally.

Intentional Bodily Injury

According to the TCK, a person who intentionally inflicts pain on another person or causes damage to their health or perception ability is punished with imprisonment from one to three years.

If the effect of the intentional bodily injury on the person is of a minor degree that can be eliminated with simple medical intervention, upon the complaint of the victim, the offender is sentenced to imprisonment from four months to one year or a judicial fine. If the crime is committed against a woman, the lower limit of the punishment cannot be less than six months.

For the crime of intentional bodily injury to be constituted, the offender must act intentionally and want or accept the result of bodily injury. In the event that the injury is intended or accepted, simple bodily injury is at issue; if the result is foreseen, then aggravated bodily injury is at issue.

Aggravated Bodily Injury Due to Qualified Circumstances and Consequences of Intentional Bodily Injury

The TCK provides for two types of aggravating factors for intentional bodily injury crimes.

The first is the qualified circumstances arranged according to the victim, perpetrator and method of commission of the crime. Examples of these qualified circumstances are the commission of intentional bodily injury against ascendants, descendants, spouse, divorced spouse, sibling, a person who is unable to defend himself/herself physically or mentally, or with a weapon, or with a beastly feeling. In the presence of these qualified circumstances, the penalty to be imposed is increased by one fold and no complaint is required.

The second is the aggravated bodily injury due to its consequences. In this case, the increase is made due to the result created by the act of bodily injury. Examples of these qualified situations are causing a permanent scar on the victim's face, a life-threatening situation, the loss of function of one of the senses or organs, loss of the ability to speak or have children, or a permanent change in the face. In some of these qualified situations, the penalty to be imposed is increased by one fold, in some by two folds, and in both cases, no complaint is required.

Unintentional Bodily Injury

A person who inflicts pain on another person or causes damage to their health or perception ability through negligence is punished with imprisonment from three months to one year or a judicial fine.

For the crime of unintentional bodily injury to be constituted, the offender must act negligently or carelessly, not intentionally, and not foresee the result of bodily injury. If the offender could have foreseen the result of bodily injury, the crime of intentional bodily injury would be at issue.

Conclusion

Intentional and unintentional bodily injury crimes occupy an important place in the Turkish Penal Code. The punishment for these crimes varies depending on the severity of the injury, the status of the victim, and the manner in which the crime was committed.