What Are The Aggravating Factors Of The Offence Of Intentional Injury?
The aggravating factors, i.e. the qualified forms of the offence, are listed in paragraph 3 of the article. If the victim of the offence of intentional wounding is the perpetrator’s subordinate, superior, spouse or sibling, or if the victim is unable to protect himself/herself in terms of body and soul, or if the victim is a public official, then the aggravated form of the offence of intentional wounding will be mentioned.
Committing the offence of intentional injury against a superior, subordinate, spouse or sibling:
The lineal descent is the mother, father, grandfather, grandmother, grandmother, grandmother, grandmother, grandmother, grandfather who are related to the perpetrator of the offence by blood. If the offence is committed against these persons, the penalty will be aggravated. The offence committed against a step-sibling is not within this scope.
Descendants are the children, grandchildren, great-grandchildren and their grandchildren who are related to the perpetrator by blood. If committed against these persons, the penalty will be aggravated. However, the offence committed against step-siblings is not within the scope of this qualification.
A spouse is a person who is legally married to the perpetrator of the offence. If the spouses divorce, this title will not be valid. If the offence of intentional injury is committed against spouses, the penalty will be aggravated.
A sibling may be a natural or step-sibling. No distinction is made for the aggravation of the offence. The concept of sibling includes step-siblings.
Committing the offence of intentional injury against a person who is physically or mentally incapable of defending himself/herself:
First of all, it is necessary to explain the state of being unable to defend oneself in terms of body or soul. These situations are, for example, situations where the victim does not have sufficient power to protect himself/herself against the act he/she faces due to being under factors such as underage, old age, disability, illness, drowsiness, unconsciousness, narcosis, alcohol and drugs, disability or mental disorders. Persons in this situation are unable to defend themselves against the act of intentional injury. For this reason, committing the act of intentional injury against persons in this situation is considered a qualified case.
Committing the offence of intentional injury against a public official due to his/her duty:
The important issue regarding the aggravation of the offence due to the commission of the offence against a public official is the commission of the act of intentional injury to the public official due to his public duty. Here, the victim of the offence is the public official. However, the cause of the offence of intentional injury must be the public duty of the person. In other words, there must be a causal link between the act of intentional injury and public duty. For example, if the public official is subjected to an act of intentional injury due to an event related to his private life and independent of his public duty, then the qualified case will not be applied.
Committing the offence of intentional injury by abusing the influence of a public official:
The fact that the public official commits the offence of intentional injury by abusing the influence he/she has due to his/her public office is considered as an aggravating circumstance. Here, unlike the above qualified offence, the perpetrator is a public official. In order for the qualified case to be applied, in addition to the perpetrator being a public official, there must be an influence on the victim provided by the public office and the perpetrator must abuse this influence. For example, a teacher committing the offence of intentional injury against a student.
Committing the offence of intentional injury with a weapon:
Committing the offence with a weapon is considered a qualified case. What is within the scope of weapons is listed in the law. These are:
Firearms,
Explosive substances,
All kinds of cutting, piercing or bruising tools made for use in attack and defence,
Other things which, even if not made for the purpose of attack and defence, are actually suitable for use in attack and defence,
Nuclear, radioactive, chemical, biological substances that are caustic, corrosive, injurious, suffocating, poisonous, causing permanent illness are considered as weapons.
In the offence of intentional injury committed with the above-mentioned weapons, a qualified case will be applied and the penalty will be increased. The Court of Cassation has accepted tools such as stones, plastic bottles, basins as weapons within the scope of other things that are actually suitable for use in attack and defence, even if they are not made for the purpose of attack and defence.
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