Article 86 – The Crime of Intentional Wounding has been ruled that the person who intentionally causes pain to someone else’s body or causes deterioration of their health or ability to perceive will be punished.
- Causing pain to the body: Refers to all kinds of material-physical pain that is more or less heard in the body. In this context, even pushing someone or pulling their hair is injurious. By making an objective assessment of this issue, it is important whether a normal person will feel pain in his body with this movement.
- Deterioration of health: this is when a person’s current state of health before an act of intentional wounding becomes bad after the act. For example, causing a person to have diarrhea by giving medication constitutes the crime of intentionally injuring. This action does not require that the person suffer. It is enough that his health becomes worse.
- Deterioration of the ability to perceive: this is when a person’s mental state becomes worse than it is. For example, hypnotizing a person, making him unable to sleep by scaring him, making him drink drugs constitute this crime.
The subject of the offense of intentional wounding is the body or psychological presence of the victim. The legal benefit protected by the crime of intentional wounding is also the protection of the bodily or psychological immunity of persons. Anyone can be the perpetrator of this crime. But, unfortunately, the commission of this crime against animals is not considered a crime by law.
By What Actions Can The Offense Of Intentional Wounding Be Committed?
Since the crime of intentional wounding is a free-moving crime, it can be committed with any movement. The fact that the act performed causes one of the consequences of causing pain to the body specified in the article, deterioration of health or deterioration of the ability to perceive is sufficient for the commission of a crime. In this context, the offence of wounding can be committed by various actions such as hitting someone, punching, kicking, stabbing a piercing or cutting tool, pushing, throwing down from somewhere, giving medicine, scaring. However, these actions should have the consequences referred to in the article.
What Is The Lesser Punishment For Intentional Wounding?
If the provision contained in Article 86/2 of the TCK is that the effect of the act of intentional wounding 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 wounding depends on the complaint of the victim. An injury that can be corrected with a simple medical intervention means an injury that does not require any other intervention other than first aid intervention. In this case, it is possible to explain it in the form of injuries that can also be intervened by people who are not medical workers without the need for any medical intervention. A lesser sentence will be imposed on persons who caused injuries that happened in this way.