Offences of Bodily Harm under Turkish Law
Intentional Injury
To act intentionally means to do something on purpose and deliberately.
Injury simply means damage or harm to one’s body.
Intentional injury means knowingly causing harm to another person. It can also mean to effect an act which will probably lead to the damage of a person’s fitness and mental strength.
Penalty
Any person found guilty of this crime will be sentenced to imprisonment for a period of one to three years.
To every general rule, however, there is an exception. Here, where the consequence of the effect of an intentional injury is not grievous, the punishment for the offender becomes imprisonment for a period of four months to one year. In some cases, a judicial fine only can be required.
Note that prosecution against this crime is commenced ex-officio. This means that the action against the accused is commenced upon the complaint of the victim.
There are circumstances of intentional injury that the Penal Code considers exacerbating.
In the event of such situations, no complaint is required before the prosecution acts and the penalty shall be increased by one half.
Committing the offence;
- Against antecedents or descendants, or spouse or brother/sister.
- Against a person who cannot protect himself due to corporal or spiritual disability.
- Against a person because of his duties as a public officer
- On account of a public officer misusing his influence; or
- By use of a weapon
- Ferociously
Abortion
The population planning Act of 1983 and the Penal Code are the laws that provide for abortion. The former act provides for abortion generally while the latter act provides some specific laws with relation to abortion.
Article 99 of the TCC which governs abortion by third parties provides that;
- Whoever aborts the child of a woman without her consent will be sentenced to a prison term of between five to ten years.
- Whoever aborts the child of a woman without medical necessity, even with the
woman’s consent after the pregnancy has gone past the tenth gestation week, will be sentenced to between two and four years in prison.
Note that where the woman in question consents to the abortion, she will be sentenced to up to one year in prison or will be subject to pay a fine.
Grounds for justification of Abortion Consent
Consent as a ground is exclusively provided for in Article 5 of the population Planning Act. The law permits abortion where the consent of the mother is obtained. This, however, is allowed only until the end of the tenth gestation week.
Abortion as a result of Risk to the child or siblings
Where the pregnancy is beyond ten weeks, then the only justified grounds for abortion are;
- If the pregnancy endangers the life of the mother.
- If the child or later siblings were severely impaired. Here, the diagnosis of the gynaecologist or any other specialist doctor must be provided.
Emergency
In situations of an emergency, if the life of the mother or her vital organs is threatened, abortion may be carried out by the doctor.