Individual Application to the Constitutional Court

The ECHR is the court of last resort against fundamental rights violations.

The act of violence commonly referred to as “assault and battery” in public discourse is defined as intentional bodily harm in criminal law. **Article 86 of the Turkish Penal Code (TPC)** regulates the offense of intentional bodily harm. According to the first paragraph of this article, a person who intentionally causes pain to another's body or impairs their health or perceptive faculties shall be sentenced to imprisonment for a term of one to three years.

According to the second paragraph, if the effect of the intentional bodily harm on the person is minor enough to be remedied by a simple medical intervention, upon the victim's complaint, a sentence of imprisonment for a term of four months to one year or a judicial fine shall be imposed.

Pursuant to the third paragraph of the article, if the offense of intentional bodily harm is committed against an ascendant, descendant, spouse, or sibling; against a person unable to defend themselves physically or mentally; due to the victim's public duty; by abusing the influence held by a public official; or with a weapon, the penalty to be imposed shall be increased by half, without requiring a complaint. While simple bodily harm is an offense subject to complaint, aggravated bodily harm is not.

What penalty will be imposed if the act of battery results in permanent marks and damage to the victim? **Article 87 of the Turkish Penal Code (TPC)** regulates the offense of “Aggravated Bodily Harm by Consequence.” Pursuant to the first paragraph of the article, if the intentional bodily harm causes the victim to suffer permanent weakening of the function of one of their senses or organs, permanent difficulty in speech, permanent disfigurement of the face, a life-threatening condition, or, if committed against a pregnant woman, causes the premature birth of her child, the penalty determined according to Article 86 of the TPC shall be increased by one-third. In such cases, the penalty to be imposed shall not be less than three years in cases falling under the first paragraph of Article 86 of the TPC, and not less than five years in cases falling under the second paragraph.

Pursuant to Article 87/2 of the Turkish Penal Code (TPC), if the intentional bodily harm causes the victim to suffer an incurable illness or enter a vegetative state, loss of function of one of their senses or organs, loss of speech or reproductive capacity, permanent alteration of the face, or, if committed against a pregnant woman, causes her child to miscarry, the penalty determined according to the preceding article shall be doubled, and the penalty to be imposed shall not be less than five years in cases falling under the first paragraph, and not less than eight years in cases falling under the second paragraph. According to the third paragraph, if intentional bodily harm results in a bone fracture, a sentence of imprisonment for a term of one to six years shall be imposed, depending on the impact of the fracture on vital functions.

What penalty will be imposed if the act was committed with intent to injure but resulted in death? Pursuant to Article 87/4 of the Turkish Penal Code (TPC), if death occurs as a result of intentional bodily harm, a sentence of imprisonment for a term of eight to twelve years shall be imposed in cases falling under Article 86/1, and twelve to sixteen years in cases falling under the second paragraph.

Inflicting injury without intent, commonly referred to as an “accident,” is regulated as the “Offence of Negligent Bodily Harm” by **Article 89 of the Turkish Penal Code (TPC)**. Negligent bodily harm is an offense covering a wide range of incidents, from occupational accidents to traffic accidents. According to the first paragraph of the article, a person who negligently causes pain to another's body or impairs their health or perceptive faculties shall be sentenced to imprisonment for a term of three months to one year or a judicial fine. This provision constitutes the basic form of the offense.

The circumstances constituting the aggravated forms of the offense are defined in the second clause of the article. Accordingly, if the negligent bodily harm causes the victim to suffer permanent weakening of the function of one of their senses or organs, a bone fracture, permanent difficulty in speech, permanent disfigurement of the face, a life-threatening condition, or, if committed against a pregnant woman, causes the premature birth of her child, the penalty determined according to the first paragraph shall be increased by half. In the third paragraph of the article, if the negligent bodily harm causes the victim to suffer an incurable illness or enter a vegetative state, loss of function of one of their senses or organs, loss of speech or reproductive capacity, permanent alteration of the face, or, if committed against a pregnant woman, causes her child to miscarry, the penalty determined according to the first paragraph shall be increased by one-third.

If the negligent bodily harm causes injury to more than one person, a sentence of imprisonment for a term of six months to three years shall be imposed.

With the exception of conscious negligence, the investigation and prosecution of offenses falling within the scope of this article are subject to complaint. The consequence of this regulation is that the investigation will be closed if the victim withdraws their complaint, and it is subject to a six-month complaint period.