Offence Of Injury
OFFENCE OF INJURY
1-INTENTIONAL INJURY
Intentional injury is characterised as an act that causes pain to a person’s body, impairment of health or perception ability.
In order to talk about intentional injury, three types of situations must occur. The first is to cause pain to the body of another person, the second is to impair his health, and the third is to impair his ability to perceive.
The offence of intentional injury is a general offence. Anyone can be the perpetrator of this offence. The legal subject of the offence of intentional injury is the inviolability-integrity of the body. The person who commits the offence of intentional injury is sentenced to imprisonment from 1 year to 3 years.
BTM -MEASURE THAT CAN BE ELIMINATED BY SIMPLE MEDICAL INTERVENTION :
In the event that the act of intentional injury to the person is mild to the extent that it can be remedied by a simple medical intervention, the victim’s COMPLAINT IS WANTED and is one of the mitigating circumstances. Injuries that can be remedied by simple medical intervention are superficial injuries that can be treated by non-medical persons. If the effect of the act of intentional injury on the person is light to the extent that it can be eliminated by a simple medical intervention, upon the complaint of the victim, imprisonment from four months to one year or a judicial fine is sentenced.
The complaint period is 6 months. If the victim does not file a complaint within 6 months, the right to file a complaint is cancelled.
In other cases, prosecution is ex officio. Offence of injury that cannot be remedied by simple medical intervention is not subject to complaint. The prosecutor’s office may conduct an ex officio investigation during this period. The minimum statute of limitations for this offence is 8 years, and anyone who has the right to complain can intervene in the case.
QUALIFYING CIRCUMSTANCES :
The offence of intentional injury;
In case it is committed against a parent, descendant, spouse or sibling
If committed against a person who is physically or mentally incapable of defending himself
Due to the public duty fulfilled by the person
By using the influence of a public official
If committed with a weapon
In case the offence of intentional injury is committed with a weapon; since the weapon breaks resistance, creates fear and panic, and facilitates the committing of the act of injury, the punishment of the injury with a weapon has been increased. All kinds of piercing, cutting tools, explosive substances, firearms, firearms made to be used in an attack can be used as weapons in intentional injury. Kitchen utensils such as forks and spoons may also be accepted as weapons depending on the case. The perpetrator must use the weapon as a tool in the commission of the offence.
In the above-mentioned 5 qualified cases, no complaint is required and the penalty to be imposed is increased by half.
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