Intentional Bodily Injury in Turkey: Penalty and the Mediation Process (TCK Article 86)

The offence of intentional bodily injury is committed through acts that cause pain to a person's body or impair their health or perception; the presence of intent and the severity of the injury directly affect the applicable penalty.

Penalty for Simple Bodily Injury

Under Article 86/1 of Turkish Criminal Code No. 5237 (TCK), the basic form of intentional bodily injury is punishable by one to three years' imprisonment. Under Article 86/2, where the injury is minor enough to be resolved by simple medical treatment, upon the victim's complaint, the penalty is four months to one year's imprisonment or a judicial fine.

Aggravated Forms of Bodily Injury

Under Article 86/3 of the TCK, the penalty is increased by half where the injury is inflicted against an ascendant, descendant, spouse or sibling; against a person unable to defend themselves physically or mentally; through the misuse of a public official's authority; with a weapon; or out of savage motives. Under Article 87 of the TCK, the penalty rises considerably where the injury causes danger to life, or permanent weakening or loss of function of an organ or sense.

The Complaint Requirement

Simple bodily injury (Article 86/2) is subject to a complaint requirement; the complaint must be filed within six months of learning of the act and the perpetrator. By contrast, the aggravated forms listed in Article 86/3 are not subject to a complaint requirement; in these cases, the prosecutor's office opens an investigation of its own motion regardless of whether the victim files a complaint.

The Mandatory Mediation Process

For simple intentional bodily injury, the case file must be sent to the mediation bureau before a decision to bring public proceedings is made at the end of the investigation; public proceedings cannot be brought without the mediation process being properly conducted. If the parties reach mediation, no case is filed, or a filed case is discontinued; if mediation fails, the investigation continues in its normal course.

Proof and the Forensic Report

The nature and severity of the injury is determined by a forensic report obtained from the institute of forensic medicine or a state hospital; this report directly affects whether the injury is classified as simple or aggravated.

Practical Recommendations

After an injury, seek treatment at a healthcare facility as soon as possible and obtain a forensic report, and record witness information relating to the incident; if the injury is one subject to a complaint requirement, do not miss the six-month period.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.