Intentional Injury

Definition
Intentional injury refers to the deliberate act of causing harm to another person. This includes knowingly inflicting physical harm or engaging in actions that are likely to impair a person’s physical or mental well-being.

Penalty
A person found guilty of intentional injury is subject to imprisonment ranging from one to three years.

However, if the injury does not result in serious harm, the penalty is reduced to imprisonment of four months to one year, or in some cases, a judicial fine may be imposed instead.

Prosecution
This offense is prosecuted ex officio, meaning legal proceedings are initiated automatically without requiring a formal complaint from the victim.

Aggravating Circumstances
Certain conditions elevate the severity of the offense, leading to a 50% increase in the penalty. In these cases, prosecution occurs even without a victim’s complaint. Aggravating factors include:

• Committing the offense against ascendants, descendants, spouse, or siblings.
• Inflicting harm on a person with a physical or mental disability who is unable to protect themselves.
• Targeting a public officer due to their official duties.
• Exploiting public office or authority to commit the offense.
• Using a weapon to inflict harm.
• Acting with excessive cruelty or brutality.

Abortion

Legal Framework
Abortion is regulated under the Population Planning Act of 1983 and the Turkish Penal Code (TCC). While the former provides general provisions, the latter establishes specific legal conditions under which abortion is permitted or penalized.

Criminal Liability (Article 99 of the TCC)

• Without the woman’s consent: Any person who performs an abortion without the woman’s consent is subject to imprisonment of five to ten years.
• Beyond ten weeks, without medical necessity: If an abortion is performed after the tenth week of pregnancy, even with the woman’s consent but without medical justification, the penalty ranges from two to four years in prison.
• Liability of the woman: If the woman consents to an unlawful abortion, she may face up to one year of imprisonment or a judicial fine.

Legal Justifications for Abortion

1. Consent-Based Abortion

   • The Population Planning Act (Article 5) permits abortion up to the tenth week of pregnancy, provided the mother’s consent is obtained.

2. Medical Justification Beyond Ten Weeks

   • After the tenth week, abortion is only allowed if:
     • The pregnancy poses a serious risk to the mother’s life.
     • The fetus or existing siblings are diagnosed with severe impairments. In such cases, a gynecologist or specialist doctor must provide medical confirmation.

3. Emergency Situations

   • If the mother’s life or vital organs are in immediate danger, a doctor is authorized to perform an abortion without waiting for formal consent.