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INTENTIONAL INJURY RESULTING IN FRACTURE

Intentional injury, regulated under the Turkish Penal Code (TPC), is a provision designed to protect individuals' physical integrity. The basis of this crime is the perpetrator's deliberate and intentional act of causing harm to the victim. The nature of the harm inflicted on the victim directly impacts the severity of the penalty. Specifically, situations such as fractures, organ loss, or functional impairments make the offense more severe. This article provides a detailed examination of the legal dimensions of intentional injury involving fractures.

ARTICLE 87 OF THE TURKISH PENAL CODE

Aggravated Injury by Result

ARTICLE 87 - (1) Intentional injury that results in:

a) Permanent weakening of any sensory or bodily function of the victim,

b) Permanent difficulty in speech,

c) A permanent scar on the victim's face,

d) A life-threatening condition,

e) Premature delivery if committed against a pregnant woman,

Shall result in a penalty increased by one fold as per the preceding article. However, the imposed sentence shall not be less than three years for cases under the first paragraph or five years for cases under the third paragraph.

(2) Intentional injury that results in:

a) An incurable disease or vegetative state,

b) Loss of a sensory or bodily function,

c) Loss of speech or reproductive abilities,

d) Permanent disfigurement of the victim’s face,

e) Miscarriage if committed against a pregnant woman,

Shall result in a penalty increased by twofold as per the preceding article. However, the imposed sentence shall not be less than five years for cases under the first paragraph or eight years for cases under the third paragraph.

(3) If intentional injury causes a bone fracture or dislocation, the penalty determined under the preceding article shall be increased by up to half, depending on the impact of the fracture or dislocation on bodily functions.

 

(4) If the injury results in death, the penalty shall range from eight to twelve years of imprisonment under the first paragraph, or twelve to eighteen years under the third paragraph.

ELEMENTS OF INTENTIONAL INJURY

 Perpetrator and Victim:

This crime can be committed by any individual. Factors such as the perpetrator's age, mental health, or capacity to act may influence the assessment of the crime. The victim is the person physically harmed, and no distinctions are made regarding who can be a victim.

 

#### Material Element:

The material element is the physical act performed by the perpetrator against the victim. This may include actions such as punching, using sharp objects, or any other acts causing bodily harm.

#### Intent Element:

Intentional injury requires intent. The perpetrator must knowingly and willingly engage in actions with foreseeable consequences. For example, if the perpetrator acts with the intent to intimidate the victim, this fulfills the intent requirement.

### FRACTURE AS AN AGGRAVATING FACTOR

#### Assessment of Bone Fracture:

The Forensic Medicine Institute evaluates the impact of the fracture on the victim's vital functions. For instance, if a broken arm affects the victim's professional life, this is considered an aggravating factor.

#### Which Fractures Constitute an Aggravating Factor?

Not all fractures are automatically deemed aggravating factors. For example, there is a distinction between a simple finger fracture and a spinal fracture. Courts consider the harm and effects of the fracture in each case.

### PENALTY INCREASE

In cases of intentional injury resulting in fractures, the perpetrator’s sentence is increased. The Turkish Penal Code determines the extent of this increase based on the degree of harm suffered by the victim:

- If the injury results in permanent harm or organ loss, the penalty is significantly increased. For instance, spinal fractures or head trauma fall into this category.

### COMPLAINT AND LEGAL PROCEEDINGS IN INTENTIONAL INJURY CASES

 

The legal process for such crimes begins with the victim's complaint or the authorities' awareness of the incident. The process includes:

 

#### Preparation of a Medical Report:

After the incident, the victim consults a healthcare institution to obtain a forensic medical report, which serves as critical evidence in court.

 

#### Investigation by the Prosecutor:

The prosecutor investigates the details of the incident and collects evidence. Expert reports are utilized in cases involving fractures.

 

#### Filing of the Case:

If sufficient evidence is available, the prosecutor files a criminal case.

 

#### Trial Process:

The court considers the perpetrator’s actions, the victim’s condition, and other relevant factors to determine the penalty.

 

### COMPENSATION RIGHTS

 

Victims can claim both material and moral compensation due to intentional injury:

 

#### Material Compensation:

Victims may demand compensation for medical expenses, loss of income, and other damages.

 

#### Moral Compensation:

Victims have the right to claim moral compensation for pain, suffering, and psychological impacts.

 

### IMPORTANCE OF LEGAL SUPPORT

 

Cases involving intentional injury and fractures require legal expertise. For both victims and defendants, obtaining support from a criminal lawyer is crucial.

 

A professional lawyer ensures the protection of the victim’s rights while also safeguarding the defendant’s right to a fair trial.

 

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**PRECEDENT CASE LAW**

 

T.C. Supreme Court 1st Criminal Division

Case Number: 2023-8443

Decision Number: 2024-4685

Decision Date: 26.06.2024

 

I. LEGAL PROCESS

 

1. Erzincan 2nd Criminal Court of First Instance, dated 12.04.2016, ruled on Case No. 2015/309, Decision No. 2016/469. The decision was appealed by the defendant’s counsel. The Supreme Court’s (Merged) 3rd Criminal Division, on 29.09.2020 (Case No. 2020/6586, Decision No. 2020/12133), overturned the decision due to insufficient medical reports and calculation errors, emphasizing the defendant’s acquired rights under Article 326 of Law No. 1412.

 

2. Erzincan 2nd Criminal Court of First Instance re-evaluated the case (Case No. 2020/746, Decision No. 2023/801) on 23.06.2023. The court sentenced the defendant to 8 months of imprisonment under Articles 86/1, 87/3, 29, 62, 53, and 58 of the TPC. The sentence was to be served under the special execution regime for repeat offenders.

 

II. GROUNDS FOR APPEAL

 

The defense claimed that the defendant should be acquitted and that the conditions for repetition did not apply.

 

III. JUSTIFICATION

The incident involved the defendant and the victim engaging in a physical altercation. The defendant caused fractures to the victim’s nasal bone, with minor (1st-degree) effects on vital functions. The Supreme Court identified procedural errors in applying repetition provisions.

IV. DECISION

The Supreme Court partially overturned the ruling, rectifying the procedural error related to repetition and upheld the corrected decision.