What is Negligent Injury (TCK 89)?

Negligent injury, of a person without intent (meaning not "knowingly and willingly"), as a result of acting in breach of the duty of care and diligence, causing another person's physical pain, or impairment of health/perception capacity, to be caused.

In daily life, negligent injury; especially traffic accidents, work accidents, domestic negligence, or activities carried out without taking security measures come to the fore.

This crime, Turkish Penal Code Art. 89 has been regulated within the scope of.

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What is the Penalty for Negligent Injury? (Negligent Injury)

Basic Form of Negligent Injury (Negligent Injury)

Pursuant to TCK Art. 89/1 negligent injury penalty for the basic form of the act:

• imprisonment from 3 months to 1 year or
• judicial fine

may be.

The important point here is: Since the law states "imprisonment or judicial fine", the court may sentence the offender to a judicial fine instead of imprisonment based on the specific circumstances of the case.

Negligent Injury Resulting in Injury to More Than One Person (Negligent Injury)

Negligent Injury (TCK 89/4)

If the act has caused the injury of more than one person , Article 89/4 of the TCK comes into effect and the penalty is:

• imprisonment from 6 months to 3 years

has been regulated as.

This provision is frequently applied in practice in cases such as the injury of multiple passengers/persons in a traffic accident.

How Does the Investigation Process for Negligent Injury Work? (Negligent Injury)

In terms of website content, one of the most searched topics is the "process". In practice, the flow commonly observed in negligent injury files is:

1) Reporting of the Incident and Initial Evidence (Negligent Injury)

• In case of a traffic accident: accident report, alcohol test, camera footage
• In case of a work accident: work accident report, occupational safety records
• General case: witness statements, video footage, photographs

2) Medical Reports / Forensic Report (Negligent Injury)

• The severity and permanence of the injury, bone fractures, etc., are generally clarified by the report.
• A significant portion of the grounds for enhancement under TCK Article 89/2 and 89/3 are evaluated through reports.

3) Fault Assessment (Negligent Injury)

"Fault" is a critical heading in crimes of negligence. Frequently:

• In traffic accidents, the driver fault rate via expert report,
• In work accidents, occupational safety expert / expert reports are included in the file.

4) Complaint and Mediation / Litigation Stage (Negligent Injury)

• Whether it is subject to a complaint,
• whether the mediation procedure will be applied is evaluated according to the specific case (CMK and mediation provisions may come into play here; however, in this response, we keep the basic framework centered on TCK Article 89).

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Difference Between Negligent Injury and Intentional Injury (Negligent Injury)

Negligent injury: The result of bodily injury to a person does not want, causes through lack of attention/care. Intentional injury: The person causes the injury knowingly and intentionally . This distinction is determinative in many areas such as the type/measure of the sentence, the complaint condition, and the possibility of reconciliation. You can read our article on intentional injury at the  https://batinyilmaz.av.tr/kasten-yaralama-nedir-tck-86/ address shared on our website.

Frequently Asked Questions (FAQ) – Negligent Injury

1) Does negligent injury appear on the criminal record? (Negligent Injury)

If the conviction decision becomes final, it may produce consequences regarding the criminal record. However, variables such as the type of sentence, alternative sanctions, and suspension depend on the specific case. For a definitive answer, the type of decision and the judgment section are crucial.

2) Can a sentence for negligent injury be converted into a judicial fine? (Negligent Injury)

Article 89/1 of the TCK provides the court with an alternative regulation of "imprisonment or judicial fine." Therefore, in some cases, a direct judicial fine may be applicable. However, qualified circumstances and situations involving multiple victims may alter this assessment.

3) Does the case drop if the complaint for negligent injury is withdrawn? (Negligent Injury)

Pursuant to TCK Article 89/5, most reckless injury cases are subject to a complaint. However, the exception of “conscious negligence” and the specific paragraph under which the incident falls are crucial. Since the effect of withdrawing a complaint may vary depending on the case file, a legal evaluation is required.

4) What is conscious negligence? (Reckless Injury)

Conscious negligence is defined as a person continuing their conduct despite foreseeing the potential outcome with the mindset that “it will not happen.” It is an important distinction under TCK Article 89/5, particularly regarding the requirement of a complaint.

5) Can reckless injury occur in a traffic accident? (Reckless Injury)

Yes, traffic accidents are among the most common areas for the offense of reckless injury. Factors such as the degree of fault, speed, rule violations, and alcohol are decisive in the case file.

6) What happens if more than one person is injured? (Reckless Injury)

According to TCK Article 89/4, if the act results in the injury of more than one person, the penalty is stipulated as imprisonment from 6 months to 3 years.

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Conclusion / Summary

Negligent injury (TCK Art. 89) is the situation of causing a person's injury without intent, but through conduct contrary to the obligation of care and diligence. In its basic form, the penalty is imprisonment from 3 months to 1 year or a judicial fine. If the severity of the injury increases (TCK Art. 89/2 and 89/3), the penalty is increased by one-half or onefold is increased; if more than one person is injured penalty imprisonment from 6 months to 3 years occurs. Furthermore, as a general rule, the crime subject to complaint; however if there is conscious negligence other than the first paragraph, a complaint is not required.

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