Intentional Wounding
Intentional injury is defined as an act that causes pain to a person’s body, deterioration of their health or ability to perceive.
In order for us to talk about intentional wounding, three types of situations must occur. The first is that it causes pain to someone else’s body, the second is that his health deteriorates, and the third is that his ability to perceive deteriorates.
The offence of wounding with intent is a general offence. Anyone can become the perpetrator of this crime. The legal subject of the crime of Intentional Wounding is body immunity-integrity. A person who commits a crime of intentional wounding is punished with a prison sentence of 1 to 3 years.
Injury That Can Pass With Simple Medical Intervention
If the act of intentional wounding on a person is mild enough to be remedied by a simple medical intervention, the victim’s COMPLAINT is SOUGHT and it is one of the cases that mitigates the punishment.A wound that can be removed by simple medical intervention is a superficial injury that can also be healed by people who are not members of health. If the effect of the act of intentional wounding on a person is so mild that it can be eliminated with a simple medical intervention, a prison sentence or a judicial fine of four months to a year is imposed upon the complaint of the victim.
The complaint period is 6 months. If the victim does not complain within 6 months, the right to complain disappears.
In cases other than this, the prosecution is made if you re’sen. The offence of injury that cannot be remedied by simple medical intervention is not subject to complaint. The prosecutor’s office can make an investigation if you’re re during this time. The minimum statute of limitations for this crime is 8 years, and anyone who has the right to file a complaint can become involved in the case.
Qualified Cases :
- If it is committed against a parent, child, spouse or sibling
- If it is committed against someone who is unable to defend himself in terms of body or soul
- Due to the public duty performed by the person
- Using the influence that the public servant has
- If it is processed by a weapon
If the crime of intentional wounding was committed with a weapon; Since the weapon breaks resistance, creates fear and panic, facilitates the commission of the act of wounding, the execution of the wounding with a weapon required an increase in the punishment. All kinds of piercing, cutting tools, explosives, firearms made for use in an attack can be used as weapons for intentional wounding. Kitchen appliances such as forks, spoons can also be considered weapons according to the incident. The perpetrator must use the weapon as a tool in the commission of the crime.
In the case of the 5 qualified cases listed above, complaints are not sought and the penalty to be given is increased by half.