Basic Definitions, Scope and Equivalent Provisions under the Turkish Penal Code

For Turkish Citizens

Within the systematics of the Turkish Penal Code (TCK), “Crimes Against Bodily Integrity” refer to the most common types of crimes that protect a person’s physical integrity, physical health, and psychological balance. The issues most frequently searched by Turkish citizens under this category include the aggravated forms of the crime of injury, the differences between assault and bodily injury, and the limits of legal sanctions regulated under the TCK.

What Are Crimes Against Bodily Integrity and What Is Their Scope?

In our legal system, a person’s bodily integrity is protected under constitutional guarantees, and any unlawful physical intervention against this integrity constitutes a criminal offence. Crimes against bodily integrity are regulated under the main title of “Crimes Against Persons” within the Second Book, Special Provisions section of the Turkish Penal Code.

The main types of crimes within this scope are as follows:

Intentional Injury (TCK Article 86)

This refers to acts that cause pain to another person’s body or result in the deterioration of that person’s health or ability to perceive.

Aggravated Forms of Intentional Injury (TCK Article 86/2-3)

These are cases where the offence is committed against a person’s:

• ascendant or descendant,
• spouse,
• sibling,
• a person who is physically or mentally unable to defend themselves,
• or where the offence is committed by using a weapon.

Injury Aggravated Due to Its Consequences (TCK Article 87)

This refers to cases where the act of injury results in:

• the loss of function of one of the senses or organs,
• permanent scars on the face,
• weakening of speech ability,
• or entering a vegetative state.

Negligent Injury (TCK Article 89)

This occurs when a person causes another individual to be injured through an act that violates the duty of care and attention, such as traffic accidents or workplace accidents.

Details of the Crime of Intentional Injury and Complaint Requirements

One of the issues most frequently searched and questioned by Turkish citizens is the difference between “simple intentional injury” and “aggravated intentional injury.”

Minor injuries that can be treated through simple medical intervention are subject to a complaint by the victim (the complaint period is 6 months).

However, if the offence is committed:

• with a weapon,
• with cruel intent,
• against a spouse or descendant,

the requirement of a complaint does not apply. In such cases, the investigation is initiated ex officio (automatically by the authorities), and the penalties are increased.

Crimes Against Sexual Integrity and Their Distinction

The concept of bodily integrity is often understood by the public as also including sexual integrity. Under the systematics of the Turkish Penal Code, crimes such as sexual assault and sexual harassment are regulated in separate sections.

However, any unwanted physical contact against a person’s body may be evaluated both within the scope of intentional injury and the relevant crimes against sexual integrity, depending on the circumstances of the incident.

Trial Procedures, Competent Courts and Statute of Limitations

When crimes against bodily integrity are committed, investigation and prosecution procedures are handled by different courts depending on the severity of the offence.

The issues most frequently questioned by Turkish citizens include:

• which court will hear the case,
• detention procedures,
• and limitation periods.

Which Court Handles Crimes Against Bodily Integrity?

Considering the minimum and maximum penalties stipulated under the Turkish Penal Code:

Criminal Courts of First Instance (Asliye Ceza Mahkemeleri)

These courts are generally responsible for:

• simple intentional injury,
• negligent injury,
• and injury offences subject to complaint.

High Criminal Courts (Ağır Ceza Mahkemeleri)

These courts are responsible for cases involving:

• injury aggravated due to its consequences,
• loss of organs,
• weakening of sensory functions,
• severe permanent disabilities,
• or serious physical attacks reaching the level of attempted intentional killing.

Is There a Statute of Limitations for Crimes Against Bodily Integrity?

One of the most frequently asked questions by citizens is:

“How long is the statute of limitations for assault or injury offences?”

According to the limitation provisions of the Turkish Penal Code:

• The statute of limitations for simple intentional injury offences is generally 8 years.
• In aggravated cases resulting in serious consequences (for example, permanent disabilities under Article 87 of the TCK), the limitation period may extend up to 15 years, depending on the maximum imprisonment penalty prescribed by law.

Self-Defence and Unjust Provocation Reductions

During criminal proceedings, the concepts most frequently examined by citizens are once again legitimate defence (self-defence) and unjust provocation reductions.

If a person responds proportionally in order to repel an unlawful attack directed against themselves during a physical confrontation, this may be considered legitimate defence and no penalty is imposed.

However, in mutual fights, courts examine:

• who initiated the first unlawful act,
• the circumstances of the incident,
• and whether unjust provocation exists.

If applicable, significant reductions in punishment may be granted.

Permanent Disabilities and Loss of Organs

If permanent damage occurs to the victim’s body as a result of intentional injury, the punishment is increased.

Examples include:

Loss of Function of One of the Senses or Organs

For example:

• loss of sight in one eye,
• loss of hearing in one ear,
• loss of function of an arm or leg.

Permanent Facial Scar (Wound or Cut Mark)

This refers to knife wounds, assault marks, or other permanent scars remaining on the victim’s facial area that are visible from the outside.

Loss of Speech Ability or Ability to Have Children

Depending on the severity of the violence, permanent damage may occur to the victim’s vital functions, including speech ability or reproductive capacity.

Cases Creating a Vegetative State and Life-Threatening Situations

If the act of injury causes the victim to enter a vegetative state (a coma condition with no realistic possibility of recovery) or creates a life-threatening condition, the imprisonment penalties imposed under Article 87 of the TCK increase significantly compared to basic intentional injury penalties.

For example, imprisonment sentences may range from 8 years to 15 years depending on the circumstances.

Citizens frequently discover during legal proceedings that the defence:

“I did not intend to kill; I only hit the person”

does not automatically eliminate liability for these serious consequences.

Importance of Forensic Medicine Reports

One of the most critical stages of the judicial process is the preparation of reports by the Forensic Medicine Institute (ATK).

Whether an injury:

• can be treated through simple medical intervention,
• causes permanent disability,
• results in loss of organ function,

is proven through official reports issued by the Forensic Medicine Institute or hospital medical boards.

Citizens closely follow how these reports directly affect court decisions.

Financial and Moral Compensation Aspects

When a crime against bodily integrity is committed, the process is not limited only to criminal courts and imprisonment requests.

It also includes compensation claims filed before civil courts for:

• medical expenses,
• loss of working capacity,
• financial losses,
• and psychological suffering experienced by the victim.

Citizens frequently investigate their legal rights in these processes.

Material Compensation and Loss of Working Capacity Compensation

A person whose bodily integrity has been harmed as a result of intentional or negligent injury may request:

• compensation for loss of income due to temporary inability to work,
• compensation for permanent loss of earning capacity if a lasting disability occurs.

In addition, expenses such as:

• hospital costs,
• surgery fees,
• medication expenses,

may also be included within the scope of material compensation and claimed from the offender.

Claims for Moral Compensation

A person who has been:

• assaulted,
• stabbed,
• or injured in an accident,

has the right to file a claim for moral compensation due to:

• physical pain,
• distress,
• emotional suffering,
• and psychological trauma.

In these cases, which may be filed before Civil Courts of First Instance or following criminal proceedings, judges determine moral compensation amounts according to:

• the seriousness of the attack,
• the circumstances of the incident,
• and the degree of fault of the offender.

Right to File a Complaint and Legal Remedies

When citizens suffer an attack against their bodily integrity, they should:

• apply to law enforcement authorities (police/gendarmerie) as soon as possible,
• file a criminal complaint,
• obtain a medical injury report.

To prevent loss of rights, it is highly important to initiate and follow the legal process through:

• bar association lawyers,
• or private law offices.

Negligent Injury and Traffic/Workplace Accidents

One of the most common areas encountered in practice under the title of bodily integrity is the offence of Negligent Injury (TCK Article 89).

This category covers situations where a person causes another individual to be injured due to:

• negligence,
• carelessness,
• or failure to take necessary precautions.

Negligent Injury in Traffic Accidents

When one or more people are injured in a traffic accident, an investigation is initiated against the driver for the offence of negligent injury.

If the injury can be treated through simple medical intervention and the victim does not file a complaint, the case may be dismissed.

However, if the injury results in consequences such as:

• bone fractures,
• weakening of organ functions,
• or other serious medical outcomes,

the offence is no longer subject to complaint, and the prosecutor conducts an investigation automatically.

If the driver:

• is under the influence of alcohol,
• exceeds speed limits,
• or seriously violates traffic rules,

the punishment may be increased under the provisions of conscious negligence (bilinçli taksir).

Bodily Injuries in Workplace Accidents

When workers are injured in:

• construction sites,
• factories,
• workplaces,

due to failure to take occupational safety measures, employers and responsible engineers may face prosecution for negligent injury.

Examples include:

• loss of fingers,
• fractures caused by falls,
• serious workplace injuries.

Citizens frequently research the fact that employers cannot avoid responsibility in workplace accidents and may face imprisonment risks before judicial authorities.

Basic Definitions, Scope and Legal Framework

For Foreign Nationals Living in Türkiye

For foreign nationals living in Türkiye (including refugees, tourists, and individuals residing with work or residence permits), crimes against bodily integrity are handled under the principle of territorial jurisdiction of the Turkish Penal Code when they are either offenders or victims.

The rights and obligations of foreigners in this area are frequently questioned.

Scope of Crimes Against Bodily Integrity for Foreigners Living in Türkiye

Any foreign national within the borders of Türkiye who becomes involved as an offender in crimes such as:

• intentional injury,
• negligent injury,
• injury aggravated due to its consequences,

is subject directly to the provisions of the Turkish Penal Code regardless of nationality.

Except for diplomats with special diplomatic immunity, an ordinary foreign national who assaults or injures someone in Türkiye is tried before Turkish:

• Criminal Courts of First Instance,
• or High Criminal Courts,

depending on the nature of the offence.

Likewise, foreign nationals who become victims of these crimes are protected under the Turkish justice system.

Crimes Committed Between Foreign Nationals and the Turkish Penal Code

Turkish law has full jurisdiction over fights and physical attacks occurring between foreign communities living in Türkiye.

The fact that the incident takes place within Turkish territory means that Turkish authorities have jurisdiction over the case.

One of the issues most frequently researched by foreigners is whether legal practices, customs, or dispute-resolution methods from their own countries are valid in Türkiye.

For example, attempts to seek justice through physical violence instead of legal procedures are not accepted under Turkish law and may result in serious criminal sanctions.

Practical Risks Faced by Foreign Nationals Involved in Crimes

If foreigners who do not have legal status in Türkiye become involved in crimes against bodily integrity, both:

• criminal prosecution procedures,
• and administrative deportation procedures,

may be initiated simultaneously.

Foreign nationals involved in such incidents may face:

• imprisonment risks,
• and permanent deportation decisions.

Trial Procedures, Deportation and Consular Rights

When a foreign national living in Türkiye becomes an offender or suspect in crimes against bodily integrity, in addition to criminal proceedings:

• international legal rules,
• consular notification procedures,
• and administrative deportation mechanisms

may also become applicable.

Consular Notification and Rights of Foreign Offenders

When a foreign national in Türkiye is detained or arrested due to a serious crime such as intentional injury, the relevant authorities must notify the person’s country’s consulate in accordance with the Vienna Convention on Consular Relations.

Foreign nationals may benefit from this right by requesting:

• legal guidance from their consulate,
• assistance with communication,
• interpreter support,
• and consular assistance.

Deportation Decisions After Trial

Foreign nationals who receive imprisonment sentences for injury offences committed in Türkiye or who engage in acts threatening public order may be deported after completing their sentences.

Especially in cases involving:

• armed injury,
• organized fights,
• serious injuries causing permanent disabilities,

foreign nationals may face long-term bans preventing re-entry into Türkiye.

Rights and Protection Mechanisms for Foreign Victims

When foreigners living in Türkiye or seeking protection in Türkiye become victims of crimes against bodily integrity, such as:

• street attacks,
• assault,
• domestic violence,
• workplace accidents,

the protection mechanisms provided by Turkish law become applicable.

Rights of Foreign Nationals Whose Bodily Integrity Has Been Violated

If a foreign national living in Türkiye is assaulted or injured, foreign victims, just like Turkish citizens, may:

• obtain a medical assault report,
• file a criminal complaint with the prosecutor’s office,
• participate in criminal proceedings,
• request material and moral compensation.

Bar associations’ legal aid offices may provide lawyer assistance to foreign victims during this process.

Protection Orders for Foreign Victims of Violence

Especially foreign women and children who are victims of:

• domestic violence,
• physical abuse,
• threats,

may benefit from protection measures under Law No. 6284, including:

• restraining orders,
• removal of the aggressor from the residence,
• access to shelters and protection services.

The legal residence status of foreign victims is not endangered due to these procedures. On the contrary, humanitarian protection mechanisms may be applied.

Practical Risks, Safety Measures and Legal Advice

For Foreign Nationals Living in Türkiye

Foreign communities living in Türkiye should pay attention to the following issues in order to avoid becoming victims of crimes against bodily integrity or becoming offenders due to legal mistakes:

Choosing Legal Solutions Instead of Physical Conflicts

Commercial or personal disputes among foreign communities may turn into physical fights and result in serious imprisonment penalties.

Attempts to enforce personal justice or resolve disputes through violence are strictly rejected under Turkish law.

Obtaining Professional Support in Legal Processes

To prevent loss of rights after attacks or accidents, foreigners should follow these steps:

Immediately Contact Law Enforcement Authorities

After the incident:

• apply to the police or gendarmerie,
• provide a statement,
• ensure that an official record is created.

Obtain a Medical Report

All signs of:

• assault,
• physical force,
• bodily injury,

should be documented through official healthcare institutions.

Obtain Legal Assistance

For criminal proceedings and compensation claims, it is important to proceed with:

• specialized lawyers,
• or legal aid units of bar associations.

Intentional Injury Through Omission

(For Turkish Citizens)

Within the systematics of the Turkish Penal Code, crimes against bodily integrity are generally committed through active physical actions such as:

• hitting,
• stabbing,
• assaulting.

However, legally, these offences may also be committed through omission.

This subject, frequently searched by Turkish citizens, examines situations where failure to fulfil legal obligations causes harm to another person’s physical integrity or health.

What Is Intentional Injury Through Omission?

Article 88 of the Turkish Penal Code regulates the commission of intentional injury through omission and the consequences arising from such conduct.

If a person who is responsible for protecting another individual’s physical health due to:

• a legal obligation,
• an administrative duty,
• or a contractual responsibility,

knowingly and intentionally fails to fulfil this obligation, and as a result the victim suffers injury, the offence is committed.

Examples include:

Caregiver or Relative Neglecting a Dependent Person

A caregiver or family member who intentionally neglects:

• nutrition,
• hygiene,
• basic healthcare needs,

of an elderly or disabled person under their responsibility and causes health deterioration reaching the level of injury.

Failure to Take Necessary Safety Measures at Work

A responsible person who knowingly fails to take required workplace safety precautions and causes an employee to become injured.

The Intersection Between Negligence and Intent and Criminal Consequences

Citizens frequently question the distinction between ordinary negligence and criminally punishable negligence.

If the offender has an absolute duty of protection and supervision (guarantor obligation) over the victim and intentionally fails to fulfil this duty, the act is no longer considered simple negligence.

Instead, it becomes intentional injury through omission and is punished according to the criminal sanctions applicable to intentional injury.

Courts determine the punishment according to:

• the severity of the injury,
• whether it constitutes simple injury,
• or whether it has aggravated consequences.

Organ and Tissue Trade Offence

(For Turkish Citizens)

Within the framework of bodily integrity and protection of the human body, one of the most serious and organized crimes regulated under the Turkish Penal Code is the Crime of Organ and Tissue Trade (TCK Article 91).

This offence, which has increasingly become a subject of public interest and legal research, especially due to its international dimensions, includes the strongest legal measures against turning the human body into an object of profit and commercial activity.

Scope and Penalties of the Crime of Organ and Tissue Trade

According to the Turkish Penal Code, the following acts are punishable by severe imprisonment penalties:

• unlawfully buying organs or tissues,
• selling organs or tissues,
• acting as an intermediary for such purposes,
• advertising organ or tissue trade.

Basic Penalty

Persons involved in organ or tissue trade may receive:

5 to 9 years of imprisonment.

Forcing a Person to Donate Organs or Using Coercion

Persons or organizations that:

• force someone through violence,
• threaten,
• deceive someone into giving an organ,
• exploit helpless or vulnerable individuals,

may face much heavier imprisonment penalties, reaching up to 15 years.

Committing the Crime Within an Organized Criminal Group

If this crime is committed as part of the activities of a criminal organization, the penalties are increased by half.

Points Most Frequently Asked by Citizens: The Difference Between Consent and Donation

Citizens frequently wonder about the legal distinction between organ donation and organ trade.

Organ donations carried out voluntarily by an individual in accordance with legal regulations and through authorized medical institutions under the framework of the Law on the Removal, Storage and Transplantation of Organs and Tissues are completely legal and encouraged.

However, the following acts constitute the crime of organ trade:

• selling organs in exchange for financial benefit,
• involving intermediaries in organ transactions,
• manipulating hospital or transplantation procedures for commercial purposes.

All parties involved, including:

• the buyer,
• the seller,
• and intermediaries,

may be prosecuted and face severe criminal penalties.