Negligent Injury Crime and Penalty in Turkey

Negligent Injury Crime and Penalty in Turkey

Negligent injury is a distinct criminal offense under Turkish law that occurs when a person causes harm to another’s body, health, or cognitive abilities through careless or reckless behavior. Unlike intentional assault, the perpetrator in negligent injury cases does not desire the harmful outcome but fails to exercise the necessary care and attention required by law, resulting in injury to the victim. This fundamental difference in the mental element has led Turkish legislators to establish negligent injury as an independent crime with its own set of rules and penalties.

Under Turkish Criminal Code Article 89, negligent injury is regulated within the Second Part of the Second Book, titled “Crimes Against Physical Integrity.” The offense protects individuals’ bodily integrity and physical inviolability, encompassing both physical and psychological well-being. Turkish law recognizes that bodily integrity is not merely a personal value but also a societal one, which is why even negligent violations are subject to criminal sanctions.

 

Legal Definition and Elements of Negligent Injury in Turkey

According to Turkish Criminal Code Article 89/1, negligent injury occurs when a person, through negligence, causes pain to another’s body, impairs their health, or disrupts their cognitive abilities. The offense is characterized by three alternative consequences:

Physical Pain: Any harmful behavior that violates bodily integrity in a non-trivial manner and causes material suffering to the victim. This encompasses various forms of mistreatment that result in physical discomfort or pain.

Health Impairment: Any disruption or disorder affecting the victim’s health, whether temporary or permanent. Turkish law considers health as the proper functioning of the human body and mind, and any irregularity caused by negligent conduct falls within this category.

Cognitive Impairment: Actions that prevent a person from being conscious of their own existence, disrupt their reasoning and thinking abilities, or affect their capacity to act according to their own will, whether partially or completely. This includes temporary or permanent deviations from the victim’s normal mental and psychological state.

 

Criminal Liability and Fault in Turkish Law

The perpetrator in negligent injury cases is held responsible because they failed to foresee a foreseeable and preventable injury result due to their violation of objective care obligations. Turkish courts have established that negligent crimes require several essential elements: the act must be a crime that can be committed through negligence, the movement must be voluntary, the result must be unintended, there must be a causal link between the action and result, and the result must have been foreseeable yet unforeseen by the perpetrator.

Turkish Criminal Code does not impose special requirements regarding the perpetrator’s identity for negligent injury. Any person with criminal capacity can commit this offense. According to Article 31 of the Turkish Criminal Code, children who have not completed 12 years of age at the time of the offense lack criminal responsibility and cannot be prosecuted.

The victim of negligent injury must be a living human being at the time the offense is committed. The victim’s physical characteristics, gender, race, language, religion, or health condition do not affect the constitution of the crime. Even individuals with unusual physical appearances are protected under Turkish law’s negligent injury provisions.

 

Penalties for Negligent Injury Under Turkish Criminal Code

Basic Form of Negligent Injury

The basic form of negligent injury, as stipulated in Article 89/1, carries a penalty of imprisonment from three months to one year or a judicial fine. Turkish courts have discretionary power to determine the appropriate sentence within this range based on the circumstances of each case. The law provides judges with the option to impose either imprisonment or a judicial fine, offering flexibility in sentencing.

Aggravated Circumstances: Half Increase

Turkish law provides for enhanced penalties when negligent injury results in certain specified consequences. When the negligent act causes any of the following outcomes, the basic penalty is increased by half:

• Permanent weakening of one of the victim’s senses or organs
• Bone fracture anywhere in the body
• Permanent difficulty in speaking
• Permanent scarring on the face
• Life-threatening condition
• Premature birth of a pregnant woman’s child (if born alive)

Notably, Turkish law does not differentiate between the location or severity of bone fractures—whether a finger bone or femur, the aggravating circumstance applies equally. Similarly, facial scarring provisions specifically protect the area from the forehead to the chin and from ear to ear, recognizing the special significance of facial appearance in personal identity.

Aggravated Circumstances: Double Increase

When negligent injury leads to more severe consequences, Turkish Criminal Code mandates doubling the basic penalty. These circumstances include:

• Incurable illness or vegetative state
• Complete loss of function of a sense or organ
• Loss of speech or reproductive ability
• Permanent disfigurement of the face
• Miscarriage of a pregnant woman’s child

The distinction between “weakening” and “complete loss” of organ function is crucial in Turkish criminal law. Even when paired organs exist (such as eyes or kidneys), the loss of one constitutes complete loss of function rather than mere weakening, as both organs work together to provide full functionality.

Conscious Negligence

Turkish law recognizes a heightened form of negligence called “conscious negligence” (bilinçli taksir), where the perpetrator foresees the potential harmful outcome but acts anyway, believing they can prevent it. This represents a middle ground between simple negligence and intent. When negligent injury is committed with conscious negligence, the penalty is increased by one-third to one-half, and imprisonment cannot be converted to a judicial fine. However, for the basic form of injury (Article 89/1), prosecution remains subject to complaint even in conscious negligence cases.

 

Procedural Aspects in Turkish Criminal Justice

Complaint Requirement

A distinctive feature of negligent injury under Turkish law is that prosecution and trial are generally complaint-dependent. The victim or injured party must file a complaint within six months from learning about the incident and the perpetrator’s identity. This period cannot exceed the statute of limitations. The complaint requirement serves to balance societal interests with individual autonomy, allowing victims to decide whether to pursue criminal prosecution.

However, an important exception exists: when negligent injury is committed with conscious negligence and results in consequences beyond basic injury (anything other than Article 89/1), prosecution proceeds ex officio without requiring a complaint.

Reconciliation Procedures

Turkish criminal procedure law provides for reconciliation (uzlaşma) in negligent injury cases. During the investigation phase, prosecutors or judicial police may propose reconciliation between the suspect and victim. All parties must accept reconciliation proposals within three days, and in cases with multiple victims, all must consent. Successful reconciliation results in dismissal of the public prosecution, offering an alternative resolution mechanism that serves both parties’ interests.

Court Proceedings and Jurisdiction

Negligent injury cases fall under the jurisdiction of Criminal Courts of First Instance (Asliye Ceza Mahkemeleri) in Turkey, regardless of whether the basic or aggravated forms are charged. The Turkish criminal justice system follows a two-stage process: investigation (soruşturma) and prosecution (kovuşturma). The investigation phase is conducted by prosecutors and ends with either an indictment or a decision of non-prosecution. The prosecution phase begins when the court accepts the indictment and continues until the judgment becomes final.

Detention and Arrest

Under Turkish criminal procedure law, suspects in negligent injury cases can be detained for up to 24 hours from the moment of apprehension based on a prosecutor’s decision. However, pre-trial detention (tutuklama) requires a judicial order and cannot be imposed for the basic form of negligent injury, as it carries a maximum sentence of less than two years. For aggravated forms carrying higher penalties, detention may be possible if legal requirements are met, including strong suspicion of guilt and specific detention grounds such as flight risk or evidence tampering.

 

Statute of Limitations and Time Bars

The statute of limitations for negligent injury prosecution in Turkey is eight years from the date the offense was committed, according to Article 66 of the Turkish Criminal Code. If interrupting events occur during this period, the maximum statute of limitations can extend to twelve years. For juvenile offenders, reduced limitation periods apply: half the standard period for those aged 12-15, and two-thirds for those aged 15-18.

Turkish law does not provide for active repentance (etkin pişmanlık) provisions in negligent injury cases, as this legal institution applies only to specific crimes where explicitly regulated.

 

Alternative Sanctions and Judicial Discretion

Turkish criminal courts have several tools at their disposal when sentencing negligent injury offenders. Beyond determining the basic sentence, judges may apply various mitigating circumstances, including age-related reductions, good conduct discounts, and mental capacity considerations under Article 62 of the Turkish Criminal Code.

Deferment of Announcement of Judgment: When the imposed sentence is two years or less, Turkish courts may defer announcement of the judgment, placing the defendant under a probationary supervision period. If no intentional crime is committed during this period and obligations are fulfilled, the criminal case is dismissed entirely.

Suspension of Sentence: Imprisonment sentences of two years or less may be suspended under Turkish law, provided legal requirements are met. The convicted person remains free but under specified conditions, and violation of these conditions may result in execution of the suspended sentence.

Conversion to Judicial Fine: In cases involving simple negligence (not conscious negligence), imprisonment sentences may be converted to judicial fines under certain circumstances, offering a less punitive alternative while maintaining accountability.

 

Conclusion

Negligent injury represents a significant category of criminal offense in Turkish law, balancing the need to protect bodily integrity with recognition that not all harm results from intentional conduct. The Turkish Criminal Code’s detailed framework provides proportional penalties corresponding to injury severity while offering procedural mechanisms like complaint requirements and reconciliation that respect victim autonomy. Understanding these provisions is essential for anyone involved in Turkish criminal proceedings, whether as victims, defendants, or legal representatives.

The complexity of negligent injury cases in Turkey—particularly regarding causation analysis, medical evidence evaluation, and the distinction between simple and conscious negligence—makes professional legal representation crucial. Foreign nationals facing negligent injury charges or seeking to file complaints in Turkey should obtain qualified legal assistance to navigate the Turkish criminal justice system effectively.

 

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Soylu Law was established by Attorney Ozan Soylu and is a Turkish law firm specializing in Turkish criminal law and cross-border legal matters. Our team has extensive experience representing foreign clients and handling complex international cases within the Turkish legal system. We provide comprehensive legal services in negligent injury cases, from initial complaint filing through trial and appeals, ensuring our clients receive expert guidance at every stage of criminal proceedings in Turkey.

 

For more assistance or consultation on this matter, you can contact us.