ARTICLE 86 OF TCK WHAT IS THE CRIMINAL INJURY?
Article 86 of the TPC – The Crime of Intentional Injury, has decreed that the person who intentionally inflicts pain on someone else’s body or causes his health or perception ability to deteriorate will be punished.
Inflicting pain on the body: It refers to all kinds of material-physical pain felt in the body more or less. In this context, even pushing someone or pulling their hair is an injury. By making an objective evaluation on this subject, it is important whether a normal person will feel pain in his body with that movement.
Impairment of health: A person’s current state of health prior to the deliberate act of wounding worsens after the act. For example, causing diarrhoea by administering medication to a person constitutes the crime of willful injury. This act does not require the person to suffer. It’s enough that his health gets worse.
Deterioration of the ability to perceive: It is the deterioration of the mental state of the person than it is. For example, hypnotizing the person, making him unable to sleep by being intimidated, ingesting drugs constitute this crime.
The subject of the crime of intentional injury is the victim’s body or psychological existence. The legal benefit protected by the crime of willful injury is the protection of the physical or psychological immunity of the persons. The perpetrator of this crime can be anyone. However, unfortunately, committing this crime against animals is not considered a crime by law.
WHICH MOVEMENTS CAN BE COMPLETED WITH THE CRIMINAL INJURY?
Since the crime of intentional injury is a free-moving crime, it can be committed with any movement. It is sufficient for the crime to be committed if the act caused one of the consequences of causing pain to the body, deterioration of health or deterioration of the ability to perceive. In this context, the crime of injury can be committed with various actions such as hitting, punching, kicking, stabbing, pushing, throwing, giving drugs, or scaring someone. However, these actions must have the results mentioned in the article.
WHAT IS THE SITUATION THAT CAN BE FELT LOWER FOR THE CRIMINAL INJURY?
According to the provision in Article 86/2 of the TPC, if the effect of the act of intentional injury on the victim is so mild that it can be eliminated with a simple medical intervention, a lesser penalty will be imposed. The prosecution of such an act of injury depends on the complaint of the victim. An injury that can be remedied with a simple medical intervention means an injury that does not require any intervention other than first aid. In this case, it is possible to explain it as injuries that can be intervened by people who are not health workers without the need for any medical intervention. People who cause such injuries will receive less punishment.
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