Penalty for Attempting Intentional Wounding – TCK 86

Penalty for Attempting Intentional Wounding – TCK 86. The crime of Intentional Injury is an act frequently encountered on the legal agenda. It is regulated in detail in the Turkish Penal Code (TPC). For this crime aims to harm the bodily integrity or health of a person. The intentional execution of this harmful act is the main condition. Simple and qualified forms of the crime have been determined by law. Criminal liability varies according to these forms. For this reason, all elements of the crime must be understood correctly. The subject will be examined in all its aspects with this article. Since it is very important for citizens to know their rights and obligations. The relevant articles of the TPC will be explained in detail.

1. Intentional Injury Penalty

The basic provisions of TPC Article 86 are discussed here. This article constitutes the basis of the intentional injury crime. The basic form of the crime will be evaluated within this scope. Pain must be inflicted on the person’s body. The deterioration of health is also counted within this scope. The existence of the perpetrator’s intent must be proven. That is, the perpetrator must desire the injury outcome. The lower and upper limits of the penalty are specified in the law. The basic penalty is generally imprisonment from one to three years.

On the other hand, the legal value of the crime is bodily inviolability. This value is protected by the law. The situation changes if the injury can be remedied with simple medical intervention. In this case, a complaint is required. If a complaint is not made within six months, the case is dropped. However, this condition does not apply to the more severe forms of the crime. This basic penalty is increased according to the qualified forms in the following sections.

2. Penalty for Intentional Injury with a Weapon

The legal definition of the term Weapon will be made here. Weapons are tools that facilitate the commission of the crime. Firearms or cutting tools are counted as weapons. Also, stones or sticks are accepted as weapons sometimes. What is important is that the tool is used for the purpose of injury. It must be emphasized that commission with a weapon is a qualified form. This is subject to the provision of TPC Article 86/3. The penalty is stipulated to be increased by one fold. The aggravating provisions are referred to here. Since the weapon increases the danger to the victim.

Penalty for Attempting Intentional Wounding – TCK 86. The victim’s means of self-defense are restricted. The law considers this situation a more serious fault. Possession of a license for the weapon does not alleviate the penalty. The danger in the commission of the crime is taken as the basis. The nature of the weapon used is also evaluated by the court. Injury with a weapon causes the basic penalty to be increased.

3. How Many Years is the Intentional Injury Penalty

The lower and upper limits of the penalty will be explained concretely. Imprisonment from one to three years is given for the simple form (TPC 86/1). However, the penalty is significantly increased in qualified forms. For example, the penalty can double when committed with a weapon. TPC 86/1 provision determines the basic penalty. TPC 86/3 provisions aggravate the penalty. It is important to briefly touch upon the manner in which the article is applied. The judge determines the penalty by using their discretion. Circumstances like remorse and good conduct can be reasons for reduction.

In addition to this, the consequences of the injury are considered. If the injury leads to the loss of one of the person’s senses, the penalty can reach ten years. The defendant’s past is examined during the trial process. Circumstances like remorse and good conduct can be reasons for reduction. However, the nature of the crime can restrict the reduction. The penalty to be given changes according to the effect the injury leaves on the body.

4. Qualified Form of Intentional Injury

All qualified forms in TPC Article 86 and 87 will be listed. These forms lead to an increase in the penalty. E.g: Permanent physical or mental disability is one of these. The victim’s recovery has not been possible. Commission against an ascendant or descendant is also a qualified form. Also, commission against a spouse or sibling is like this. Blood ties or marital ties are important. Commission against a public official is also aggravating. The aim is to prevent them from performing their duty.

Qualified forms are regulated in TPC 86/3. Also, TPC 87 regulates severe consequences. E.g: The victim’s ability to speak has been lost. Or the birth of a child has been prevented. How these forms increase the penalty will be specified. Qualified forms show the seriousness of the crime. In these situations, the lower limit of the penalty is raised.

5. Difference from Simple Injury

The term Simple Injury must be explained legally. These are injuries that can be remedied with simple medical intervention (SMI). Simple injury is not within the scope of TPC 86/2. Basically, the degree of effect on the body is important. The simple form determines the slight effect on the body. The main distinction is related to the seriousness of the injury. Injuries that cannot be remedied with SMI are considered more severe.

A complaint condition is sought in simple injury. The victim must file a complaint. A complaint is not sought in serious injury. The crime is investigated ex officio (automatically). This means that a public lawsuit is filed. Simple injury generally falls within the scope of reconciliation. Reconciliation means the agreement of the victim and the perpetrator. However, qualified forms are not within the scope of reconciliation.

6. TPC Articles 86-87 and 88

The relationship between these three articles will be explained. Article 86 regulates the basic form of the intentional injury crime. It includes simple and qualified forms. This is the starting point of the crime. Article 87 regulates injury that becomes severe due to its consequences. This means that the injury leads to severe consequences. For instance, endangering the victim’s life is an example of this. Even if the consequences in Article 87 exceed the perpetrator’s intent, liability arises.

Article 88 covers the commission of intentional injury through negligent behavior. A legal obligation must not be fulfilled. For example, the inaction of the person with a protection obligation is like this. Injury by negligent action allows for a penalty reduction. These three articles cover all dimensions of the intentional injury crime. The legal evaluation is made in the light of these articles.

7. Does the Intentional Injury Penalty Convert to a Fine?

The conditions for converting imprisonment to a fine will be explained. Short-term imprisonment can be converted. Penalties of one year and under are converted to a fine. This is possible in the simple form of the intentional injury crime. This conversion is difficult in qualified forms. For instance, conversion does not occur in cases of severe injury. The court examines this situation when declaring the judgment.

The judge evaluates the character and situation of the offender. Conversion is easier for individuals without a criminal record. The converted amount to a fine can be paid in installments. Failure to pay each installment leads to the penalty reverting to imprisonment. This conversion decision is left to the discretion of the court.

8. Intentional Injury Penalty Not Remediable by SMI

The term Simple Medical Intervention (SMI) must be defined. SMI refers to a simple doctor’s intervention. Simple scratches encountered in daily life are an example of this. Injuries that cannot be remedied by SMI are more serious. This situation leads to an increase in the penalty. The penalty is applied more severely within the scope of TPC 86/1. The severity of the injury is determined by the forensic medicine report. This report is vital for the prosecution.

This distinction shows the gravity of the injury. It directly affects the legal consequences. Injury not remediable by SMI is not subject to a complaint. A public lawsuit is filed ex officio. This means that the crime is considered committed against the state. This situation also eliminates the possibility of reconciliation.

9. Penalty for Attempted Intentional Injury

The concept of Attempt will be defined legally. It means the start of the execution actions of the crime. However, the failure to complete the crime due to reasons beyond the perpetrator’s control is an attempt. Reference is made here to TPC Article 35. It will be explained that the penalty is applied with a reduction. In the case of attempt, the penalty is reduced by one-quarter to three-quarters.

The legal importance of the injury not being completed is great. Whether the perpetrator shows remorse or not is important. If the perpetrator voluntarily refrains from the crime, different provisions are applied. This is called voluntary withdrawal. Attempt is punished more lightly than the completed crime. This situation is a motivating reduction in law.

Penalty for Attempting Intentional Wounding – TCK 86. Seriousness of the intentional injury crime must be emphasized. The crime has simple and qualified forms. The lower and upper limits of the penalties are determined by law. Commission with a weapon and severe consequences increase the penalty. Taking the right steps in the legal process is important. Since injuries not remediable by SMI lead to a public lawsuit. The level of awareness of citizens on this issue must be increased. It is suggested that an expert lawyer be consulted in this complex process.

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