Examination of the Crime of Wounding

Introduction

The crime of intentional injury is regulated in Articles 86-88 of the Turkish Penal Code (TCK) and is one of the crimes committed by causing pain to someone’s body or impairing their health or perception abilities. This crime is of great importance in terms of protecting the inviolability of the person in society. The state’s obligation to protect the bodily integrity of individuals is determined by both constitutional and international legal norms. This article will examine the elements of the crime of intentional injury, its qualified forms, justifications, and penal sanctions.

General Information about the Crime of Intentional Injury

The crime of intentional injury is defined in Article 86 of the TCK. According to this, “A person who intentionally inflicts pain on another’s body or causes impairment to their health or perception ability shall be punished with imprisonment from one to three years.” This definition expresses the basic form of the crime. In the second paragraph of the same article, the lighter form of the crime, upon the victim’s complaint, shall be punished with imprisonment from four months to one year or with a judicial fine. The third paragraph specifies the qualified forms that make the crime more serious.

Articles Related to the Crime of Intentional Injury in the Turkish Penal Code

TCK Article 86: Intentional Injury

A person who intentionally inflicts pain on another’s body or causes impairment to their health or perception abilities shall be punished with imprisonment from one to three years.
If the effect of the act of intentional injury on the person is so mild that it can be resolved by a simple medical intervention, upon the victim’s complaint, a sentence of imprisonment from four months to one year or a judicial fine shall be imposed.
The crime of intentional injury;
a) Against ascendants, descendants, spouse, or siblings,
b) Against a person unable to defend themselves physically or mentally,
c) Due to the public duty performed by the person,
d) By abusing the influence of a public official,
e) If committed with a weapon, the penalty to be imposed shall be increased by half without the need for a complaint.
TCK Article 87: Aggravated Forms of Intentional Injury Resulting from Consequences

If the act of intentional injury results in;
a) A permanent weakening of one of the victim’s senses or organs,
b) Loss of the ability to speak or to bear children,
c) A permanent scar on the face,
d) A situation endangering life,
e) If committed against a pregnant woman resulting in premature delivery,
f) Causing a fracture or dislocation on the person’s body, the perpetrator shall be punished with imprisonment from two to five years.
If the act of intentional injury results in;
a) An illness with no chance of recovery or entering a vegetative state,
b) Loss of the functioning of one of the victim’s senses or organs,
c) Loss of the ability to speak or bear children,
d) Permanent changes to the face,
e) If committed against a pregnant woman resulting in miscarriage,
the perpetrator shall be punished with imprisonment from three to eight years.
If the act of intentional injury causes the victim’s death, the perpetrator shall be punished with imprisonment from twelve to sixteen years.
Elements of the Crime of Intentional Injury

The elements of the crime of intentional injury are divided into material and mental elements.

Material Elements

Perpetrator: Anyone can be the perpetrator of the crime. There is no specific qualification for the perpetrator.
Vict