Paylaş: Negligent Injury Offense
Regulated under Article 89 of the Turkish Penal Code.
A person who causes physical pain or impairs health or the ability to perceive through negligence is sentenced to imprisonment from three months to one year or a judicial fine (TPC Art. 89/1).
If the negligent injury results in permanent weakening of one of the senses or organs of the victim, bone fracture, persistent difficulty in speaking, permanent facial scars, a life-threatening condition, or premature birth in a pregnant woman, the penalty imposed according to TPC Art. 89/1 is increased by half (TPC Art. 89/2).
If the negligent injury leads to an incurable disease or a vegetative state, the loss of function of one of the senses or organs, loss of the ability to speak or have children, permanent facial change, or miscarriage in a pregnant woman, the penalty imposed according to TPC Art. 89/1 is doubled (TPC Art. 89/3).
If the act causes injury to more than one person, the offender is sentenced to imprisonment from six months to three years (TPC Art. 89/4).
Specific Aspects of the Offense
The investigation and prosecution of the negligent injury offense depend on a complaint. However, except for the injury covered by TPC Art. 89/1, a complaint is not required if the offense is committed with conscious negligence (TPC Art. 89/5).
If an animal belonging to the offender is left unattended and attacks someone, causing injury, a negligent injury offense is considered to have occurred.
If the offender's lack of due care and attention leads to the injury of two or more persons, this is considered an aggravating circumstance (TPC Art. 89/4).
If one of the two injured persons does not file a complaint, the aggravating circumstance will not be applied.
The negligent injury offense is subject to reconciliation regardless of whether it is based on a complaint.
Mitigating Circumstances for Lesser Punishment
According to TPC Art. 88, if intentional injury is committed through omission, the penalty can be reduced by up to two-thirds. The conditions for intentional killing committed by omission are considered in the application of this provision.
If the effect of the intentional injury on the victim can be remedied by simple medical intervention, the offender is sentenced to imprisonment from four months to one year or a judicial fine, upon the victim’s complaint (TPC Art. 86/2).
