What is Intentional Injury Resulting in Qualified Injury (TCK 87)?

Intentional injury resulting in qualified injury, as a result of the act of intentional injury, in the victim of the severe consequences explicitly enumerated in the law, upon the occurrence of which, the circumstances leading to the imposition heavier penalties against the perpetrator.

The critical distinction here is:                         

• Fail intentionally commits the assault.
• However, the liability of the perpetrator regarding the resulting severe consequence (e.g., permanent scar on the face, loss of organ function, death, etc.) is assessed based on the specific circumstances of the case.
• In the jurisprudence of the Yargıtay, it is emphasized that at least negligence is required regarding the severe consequence (the above-mentioned CGK decision).

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Conditions of the Offense of Intentional Injury Resulting in Qualified Injury

Base Act for Injury Qualified by Result: Intentional Injury

For the provisions on injury qualified by result to be applicable, first the act of intentional injury must be present. In practice, this is mostly encountered as:

• battery,
• kicking, punching,
• injury with a cutting/piercing tool,
• injury with a weapon,
• joint/planned assault

and similar acts.

Occurrence of the Aggravated Consequence for Injury Aggravated by its Result

TCK m.87 in a list has enumerated. Unless one of these consequences occurs, "m.87" shall not apply.

Causation Link with Injury Aggravated by its Result

Between the act of injury and the aggravated result, there must be a causal nexus . For example:

• Is the scar on the face truly permanent due to the injury?
• Did the loss of organ function develop following the assault, or was it a pre-existing condition?
• Did death occur as a complication of the injury?

The answers to these questions are generally determined by forensic medicine reports .

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Cases of Intentional Injury Resulting in Qualified Injury (TCK 87/1)

Offense Aggravated by its Result: Permanent Impairment of Organ or Sensory Function

The scope of TCK Article 87/1-a may apply in cases such as a permanent decrease in visual acuity or permanent hearing loss.

Offense Aggravated by its Result: Permanent Speech Difficulty

Scope of TCK Article 87/1-b; may be associated with conditions such as post-traumatic speech disorder, permanent slurred speech, etc. (permanence is strictly required).

Injury Aggravated by its Result: Permanent Mark on the Face

TCK Article 87/1-c is frequently debated in practice. "Permanent mark" is a criterion possessing the nature of an aesthetic/permanent scar and is evaluated in forensic reports.

Injury Aggravated by its Result: Endangering Life

TCK Article 87/1-d covers injuries that medically pose a life-threatening danger. Hospital records, intensive care, blood loss, and internal organ injuries serve as decisive data.

Injury Aggravated by its Result: Premature Birth in a Pregnant Woman

TCK Article 87/1-e applies if the victim is pregnant and the act causes premature birth.

Penalty effect: In this group, the penalty determined pursuant to TCK Article 86 is increased by 1 fold; furthermore, the law lower limits provides for (in the official text, lower limits of 4 years / 6 years).

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Cases of Intentional Injury Resulting in Qualified Injury (TCK 87/2)

Injury Aggravated by its Result: Incurable Disease or Persistent Vegetative State

Article 87/2-a of the TCK entails one of the most severe consequences. Conditions such as permanent paralysis or a vegetative state are evaluated within this scope.

Injury Aggravated by its Result: Loss of Organ or Sensory Function

Article 87/2-b of the TCK is more severe than "permanent weakening"; the loss of function is required.

Injury Aggravated by its Result: Loss of Speech or Reproductive Capacity

Article 87/2-c of the TCK may encompass severe consequences such as permanent aphasia and permanent sterility.

Injury Aggravated by its Result: Permanent Alteration of the Face

Article 87/2-d of the TCK is considered more severe than a "permanent scar on the face"; it involves consequences that permanently alter the general appearance of the face.

Injury Aggravated by its Result: Miscarriage in a Pregnant Woman

TCK 87/2-e applies if the victim is pregnant and the act results in a miscarriage.

Penalty effect: The penalty in this group is increased by 2 fold and additionally lower limits such as 6 years / 9 years are stipulated.

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Intentional Injury Resulting in Qualified Injury: Bone Fracture or Dislocation (TCK 87/3)

Qualified Injury Due to Its Consequences and the Criterion of Impact on Vital Functions

The increase under TCK 87/3 is not automatically in the form of "1 fold/2 fold". The law depending on the impact of the fracture/dislocation on vital functions of the sentence up to half states that it will be increased.

Therefore, in practice:

• the location of the fracture (rib, arm, head trauma, etc.),
• treatment duration,
• permanent sequelae
• loss of function

such criteria are evaluated through reports.

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Death Resulting from Intentional Injury Resulting in Qualified Injury (TCK 87/4)

The Distinction Between Injury Resulting in Aggravated Consequences and Homicide

the intent of the perpetrator under TCK Article 87/4 to kill not, but rather to injure is directed at; however, the act of injury results in death.

Emphasizing this distinction in the Court of Cassation precedent (the 1st Criminal Chamber decision shared above), for Article 87/4 to apply:

• the act falling within the scope of Article 86/1 or 86/3 of the TCK,
• the occurrence of death as a consequence,
• the circumstances of the incident being compatible with Article 87/4,

it has been stated that it is required.

Penalty for Death Resulting from Injury Qualified by its Consequences

According to the official statutory text (TCK 87/4):

• In cases falling under Article 86/1 of the TCK from 10 to 14 years
• In cases falling under Article 86/3 of the TCK from 14 to 18 years imprisonment

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How is Intentional Injury Resulting in Qualified Injury Proven?

Forensic Medicine Reports in Injury Cases Qualified by their Consequences

In the application of TCK 87, generally the forensic medical report is decisive. The following determinations are significant in such reports:

• whether the injury poses a life-threatening danger or not,
• whether there is a permanent scar on the face or not,
• whether there is a permanent weakening of an organ function or not, loss whether it is,
• bone fracture/dislocation and its impact on vital functions,
• if death has occurred, the causal link between the death and the injury nexus of causality.

Causation and Culpability Assessment for Injury Aggravated by its Result

In practice, the debate revolves around the following axis:

• "Is this aggravated result the natural/foreseeable consequence of the act of injury?"
• "Did the perpetrator act with at least negligence regarding the aggravated result?"

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Frequently Asked Questions (FAQ)

1. What is the difference between intentional injury and injury aggravated by its result?

Intentional injury (TCK art. 86) is the foundational act. Injury aggravated by its result (TCK art. 87) however, as a result of this act:

• life-threatening condition,
• permanent scar on the face,
• permanent impairment or loss of organ function,
• bone fracture,
• such as death severe consequences lead to an increase in the sentence.

2. Is intentional injury aggravated by its result subject to a complaint?

Since the severe consequences regulated under TCK Article 87 cause the offense to become more severe, in practice they generally appear as not subject to a complaint (investigated ex officio) circumstances. However, since the applicable paragraph (especially the nature of the basic injury and the scope of the incident) may vary depending on the specific case, an evaluation must be made based on the case file.

3. In which cases does intentional injury aggravated by its result (TCK 87/1) apply?

Within the scope of TCK 87/1, as an example:

• loss of an organ or sensory function permanent weakening,
• permanent difficulty in speaking,
• permanent scar on the face,
• endangering life injury,
• committed against a pregnant woman and premature birth in cases where it causes, the sentence determined according to TCK 86 increased by one half.

4. In which circumstances does intentional injury resulting in aggravated consequences (TCK 87/2) apply?

TCK 87/2 covers more severe consequences. Examples:

• incurable disease or vegetative state,
• loss of an organ or sensory function loss,
• speech or procreation loss of capacity,
• permanent facial disfigurement,
• committed against a pregnant woman and miscarriage being caused. In these cases, the penalty is increased twofold.

5. How is intentional injury aggravated by its consequence (TCK Art. 87/3) applied in the presence of a bone fracture?

According to TCK Art. 87/3, if a bone fracture or dislocation occurs, the penalty is increased; however, this increase:

• is not a fixed "1-fold/2-fold",
• of the fracture/dislocation depending on its effect on vital functions,
• up to half is applied. Therefore, the assessment of the "effect on life functions" in the medical forensic report is of critical importance.

6. What happens if death occurs as a result of intentional injury aggravated by its consequence (TCK Art. 87/4)?

If death results from the act of intentional injury death occurs, TCK Art. 87/4 shall apply even if the perpetrator's intent was directed at causing injury rather than death. According to the statutory text:

• For injuries within the scope of TCK Art. 86/1 10 to 14 years,
• For (qualified) injuries within the scope of TCK Art. 86/3 14 to 18 years imprisonment shall apply.

7. How is "life-threatening condition" determined for intentional injury aggravated by its consequence?

A "condition endangering life" (TCK Art. 87/1-d) generally entails:

• intensive care admission,
• internal bleeding,
• organ injury,
• critical blood loss,
• are associated with medical findings such as head trauma. The most decisive evidence is often the forensic medicine report and hospital records.

8. What does "permanent scar on the face" mean within the scope of injury aggravated by its result?

Permanent fixed scar, means the medical determination that a permanent scar remains on the face after the wound has healed. This determination is:

• generally after the healing process is completed,
• through photographs and examination,
• determined in the forensic report as "permanent scar exists/does not exist".

9. What is "permanent alteration of facial appearance" within the scope of injury aggravated by its result?

“Permanent alteration of facial features” (TCK Art. 87/2-d) is evaluated as a more severe consequence than a “permanent scar on the face.” It may arise in cases where the general appearance of the face is permanently altered (e.g., tissue loss, severe deformation). This distinction is mostly the forensic medical report clarified with

10. What happens if there are multiple severe consequences in injury aggravated by its result?

In practice, the same act may give rise to multiple consequences, such as life-threatening condition, bone fracture, and loss of function simultaneously. In such cases, the court generally:

• proceeds with the logic of determining the sanction based on the “most severe consequence.” This approach is also an evaluation method observed in the precedents of the Court of Cassation.

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11. By which evidence is the offense of injury aggravated by its result proven?

The most common evidence includes:

• forensic reports (forensic medicine/health reports),,
• hospital epicrisis reports, tomography/MRI results,
• crime scene footage, security camera recordings,
• witness statements,
• photographs showing signs of battery and violence,
• autopsy report in case of death.

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