What is intentional injury? (TCK Art. 86)

Intentional injury, of a person knowingly and intentionally of another person inflicting bodily pain or impAIRing health / perceptive capacity constitutes the crime.

Under what circumstances is the crime of intentional injury committed? The following elements are essentially required for the crime of intentional injury to occur:

What does "injury" mean in terms of intentional injury (TCK Art. 86)? For an act to be considered an "injury," severe harm does not necessarily have to occur. Causing pain or an impairment in health/perceptual capacity may be sufficient.

Penalty for intentional injury (TCK Art. 86/1)

According to TCK Art. 86/1, the penalty for the basic form of the crime of intentional injury is:- Imprisonment from 1 year and 6 months to 3 years

Practical factors determining the sentence for intentional injury

In practice, the level at openness at which the sentence will be established; for example:

• The severity of the injury
• The manner in which the incident occurred
• The intensity of the perpetrator's intent
• The victim's condition and the evidence
  are evaluated based on such elements.

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Intentional injury remediable by simple medical intervention (TCK Art. 86/2)

What is an intentional injury remediable by simple medical intervention? If the effect of the injury is mild enough to be remedied by a simple medical intervention (e.g., superficial scratch, slight swelling), TCK Art. 86/2 comes into play.

Penalty for intentional injury remediable by simple medical intervention

According to TCK Art. 86/2:- Upon the victim's complaint,- imprisonment from 6 months to 1 year and 6 months or judicial fine may be imposed.

Simple assault against a woman: the lower limit increases

Due to the special provision in the same paragraph:- The crime against a woman if committed, the lower limit of the sentence cannot be less than 9 months.

Is intentional assault (simple) subject to a complaint?- Yes, assault within the scope of TCK 86/2 that can be "resolved with simple medical intervention" is, as a rule, subject to a complaint.- However, if there are the aggravated circumstances explained below (TCK 86/3), in most cases, the investigation is conducted without requiring a complaint.

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Qualified circumstances of intentional injury (TCK Art. 86/3)

Intentional injury when committed against certain persons or in certain ways, the law considers it "more severe" and increases the penalty.

In which cases is intentional assault (TCK 86/3) considered aggravated?According to TCK 86/3, intentional assault turns into an aggravated form in the following cases:

Intentional assault against an ascendant, descendant, spouse, or sibling

• Ascendant (such as mother or father), descendant (such as child), spouse, ex-spouse, sibling.

Intentional injury against a person unable to defend themselves

• Victim who is physically or mentally incapable of self-defense.

Intentional injury due to public duty

• Due to the public duty performed by the victim (e.g., directed at an on-duty public official).

Abuse of position by a public official

• If the perpetrator is a public official and their influence by committing the crime.

Intentional injury with a weapon

• The concept of "weapon" is evaluated based on the specific circumstances of the case.

Intentional injury with monstrous intent

• This is a special aggravating motive expressly provided for by the law.

Is a complaint required for qualified intentional injury?

In the circumstances enumerated under TCK Article 86/3:- Investigation and prosecution are conducted without requiring a complaint (general rule).

By how much is the sentence increased in qualified intentional injury? Pursuant to TCK Article 86/3:- The sentence is increased by one-half.

• With monstrous intent (subparagraph f) if committed, the sentence increased by one half.

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Practical legal steps in practice (short guide)

1. Hospital / forensic report: Whether the injury “can be resolved with simple medical intervention” is mostly clarified by the report.
2. Gather evidence: Camera footage, witnesses, messages, photographs.
3. Statute of limitations for filing a complaint and procedure: In cases subject to complaint, missing the deadline may lead to a loss of rights.
4. Is there an aggravating circumstance?: Factors such as domestic context, weapons, or vulnerable persons fundamentally alter the course of the case.

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Frequently Asked Questions (FAQ)

1) What is the crime of intentional injury?

Intentional injury, knowingly and willfully causing pain to a person or the impairment of a person's health or perceptual capacity . This provision is set forth in TCK Article 86 .

2) What is the penalty term for intentional injury?

TCK 86/1 the penalty for intentional injury according to the basic form imprisonment from 1 year and 6 months to 3 years is prescribed. (The sentence is determined between the lower and upper limits based on the specific circumstances of the case.)

3) Is intentional injury subject to a complaint?

This varies depending on the nature of the injury:

• An injury that can be remedied with simple medical intervention (TCK 86/2) is, as a rule, subject to a complaint.
• Qualified circumstances (An error occurred while searching TCK Legislation, retrying… 86/3) exist, a complaint is mostly not required; the investigation is conducted ex officio.

4) How to file a complaint for intentional injury?

In practice, a complaint for intentional injury:

• To a police/gendarmerie station,- to the Office of the Chief Public Prosecutor,- or via e-Devlet/UYAP Vatandaş (in applicable scenarios). If possible, the complaint petition such as reports, photographs, camera footage, messages, and witness information adding such evidence strengthens the process.

5) What happens if a complaint for intentional injury is withdrawn?

• In offenses subject to a complaint (particularly TCK Art. 86/2), withdrawing the complaint may directly affect the course of the lawsuit.- However, in offenses not subject to a complaint (aggravated forms), withdrawal does not always terminate the case. The specific paragraph applicable to the incident (Art. 86/2 or 86/3) is decisive.

6) How long does an intentional injury trial take?

The duration varies depending on the evidence, the receipt of reports, the number of witnesses, the court's workload, and the nature of the incident. In practice, intentional injury files:

• May take shorter in simple cases,
• And longer in aggravated/multi-evidence cases. The reports in the file (particularly forensic medicine/supplementary reports) play a critical role in determining the exact duration.

Conclusion / Summary

• Intentional injury (TCK Art. 86); is the act of knowingly inflicting pain on a person or impairing their health/perceptual capacity.- Base penalty imprisonment from 1 year and 6 months to 3 yearsis (TCK Art. 86/1).- Assault can be remedied with simple medical intervention the penalty is 6 months to 1 year and 6 months of imprisonment or a judicial fine may occur and as a rule subject to complaint (TCK Art. 86/2)- Against a woman committed the lower limit is 9 months (TCK Art. 86/2).
• In circumstances such as against ascendants, descendants, spouse/divorced spouse, sibling, vulnerable persons, due to public duty, with a weapon, or with a monstrous feeling without requiring a complaint the proceedings are conducted and the sentence one-half (in certain cases onefold) is increased (TCK 86/3).- The most critical distinction: Whether the incident constitutes TCK 86/2 (subject to complaint “simple” offense) or TCK 86/3 (qualified offense, prosecuted ex officio without a complaint) .

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