Intentional Injury

To act intentionally means to perform an action deliberately and on purpose. Injury refers to harm or damage to a person’s body or well-being.

Intentional injury occurs when a person knowingly causes harm to another. It also includes acts that are likely to result in physical or mental harm to an individual.

Penalty

A person found guilty of intentional injury may be sentenced to imprisonment for a period of one to three years.

However, exceptions apply. If the consequences of the intentional injury are not severe, the punishment is reduced to imprisonment for a period of four months to one year. In certain cases, a judicial fine may be imposed instead.

Prosecution for this offense is initiated ex officio, meaning that legal proceedings commence upon the victim’s complaint. However, in certain aggravated cases, no complaint is required, and the penalty is increased by half. These aggravated circumstances include committing the offense:

1. Against an ancestor, descendant, spouse, or sibling,
2. Against a person unable to protect themselves due to physical or mental disability,
3. Against a public official due to their duties,
4. By abusing the influence of public office,
5. Using a weapon, or
6. With extreme cruelty.

Abortion

The Population Planning Act of 1983 and the Penal Code regulate abortion. The former sets out general provisions, while the latter includes specific regulations.

Article 99 of the Turkish Penal Code (TCC) on Abortion by Third Parties:

1. Performing an abortion without the woman’s consent is punishable by five to ten years of imprisonment.
2. Performing an abortion after the tenth gestational week without medical necessity, even with the woman’s consent, is punishable by two to four years of imprisonment.
3. If a woman consents to an unlawful abortion, she may face up to one year in prison or a monetary fine.

Justifiable Grounds for Abortion

1. Consent
   Consent is explicitly recognized in Article 5 of the Population Planning Act. The law permits abortion only if the mother consents, and only within the first ten weeks of pregnancy.

2. Risk to the Mother or Child
   After ten weeks, abortion is only permitted if:

   • The pregnancy endangers the mother’s life, or
   • The child or its siblings are at risk of severe impairment, as confirmed by a gynecologist or specialist.

3. Emergency Situations
   If the mother’s life or vital organs are in immediate danger, a doctor may perform an abortion as an emergency medical procedure.