This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kasten Yaralama: Şikâyet Süresi, Uzlaşma ve Rapor.
Two things decide a case of intentional injury: whether the harm can be remedied by simple medical intervention, and whether the offence is prosecuted upon complaint. Simple injury is prosecuted upon complaint and must be reported within six months of learning of the act (Article 73). In the aggravated forms the investigation proceeds of the authorities' own motion.
After an assault the first instinct is usually to go home. What should be done first is to go to hospital and obtain a forensic medical report.
This article explains how the process works, the complaint period, criminal mediation, and the circumstances that increase the sentence.
The Basic Distinction
Article 86 punishes a person who intentionally causes bodily pain to another, or impairs their health or their capacity to perceive.
The statute draws a critical distinction: where the effect of the injury is slight enough to be remedied by simple medical intervention, the offence is investigated on the victim's complaint and the sentence is lower.
The document that makes that distinction is the forensic medical report, which is why its content shapes the whole file.
Where the injury goes beyond what simple medical intervention can remedy, the offence is not subject to complaint and is investigated of the authorities' own motion.
How Is the Forensic Report Obtained?
No special procedure is needed: attend the emergency department and state that you have been assaulted. The doctor opens a forensic case record and a report is prepared.
Points to watch:
- Go the same day. Findings fade with time; a late attendance reduces the report's value.
- Mention every symptom. Pain that is not visible, dizziness and hearing problems should all be recorded.
- Take photographs. Dated photographs of bruises and wounds, including over the following days.
- Attend a follow-up examination. Some findings become clearer over time, and a second report can be added to the file.
- Keep the report. Always take a copy.
Where the report is inadequate or does not reflect the findings, you may ask during the investigation for a report to be obtained from the Council of Forensic Medicine.
How Long Is the Complaint Period?
Where a complaint is required, the period is six months from the day the victim knew or learned of the act and of the perpetrator (Article 73).
Simple injury falls within criminal mediation. During the investigation the file is sent to a mediator, and if the parties agree, a decision not to prosecute is given.
Whether to accept a mediation offer is entirely your choice, and refusing has no adverse consequence. A settlement may include a payment of compensation.
One important point: where a settlement is reached, your ability to bring a separate damages claim may be limited to what the settlement document covers. Read it carefully before signing.
Which Circumstances Increase the Sentence?
Article 86/3 lists them. The sentence is increased where the offence is committed:
- against an ascendant, descendant, spouse, former spouse or sibling
- against a person unable to defend themselves physically or mentally
- on account of the public duty the victim performs
- by a public official abusing the influence of their office
- with a weapon
- with a brutal motive
In these cases the offence also ceases to be subject to complaint and is investigated of the authorities' own motion.
Article 87 governs injury aggravated by its consequences — a broken bone, loss of a sense or an organ, a permanent mark on the face — where the sentence increases markedly.
| Situation | Complaint required? | Criminal mediation |
|---|---|---|
| Injury remediable by simple medical intervention (Art. 86/2) | Yes, 6 months | Within its scope |
| Intentional injury (Art. 86/1) | No; of the authorities' own motion | Within its scope |
| Against a family member, or with a weapon (Art. 86/3) | No; of the authorities' own motion | Outside its scope |
| Injury aggravated by its consequences (Art. 87) | No; of the authorities' own motion | Outside its scope |
The forensic medical report decides which row applies, which is why obtaining it the same day matters so much.
Whether the offence is one prosecuted upon complaint depends on a single line in the forensic medical report: whether the injury can be remedied by simple medical intervention. Findings fade, so attend the same day, describe every symptom, and take dated photographs over the following days as well.
Frequently Asked Questions
What should I do first after an assault?
Go to a hospital emergency department the same day and obtain a forensic medical report. Describe every symptom, and take dated photographs of any injuries.
Is intentional injury prosecuted only on complaint?
Only where the injury can be remedied by simple medical intervention. Beyond that, and in the aggravated forms, it is prosecuted of the authorities' own motion.
How long do I have to complain?
Six months from learning of the act and of the perpetrator, where a complaint is required.
What happens in criminal mediation?
The file is sent to a mediator during the investigation. If the parties agree, a decision not to prosecute is given; a settlement may include compensation. Accepting is entirely your choice.
Will settling stop me claiming damages?
It may limit you to what the settlement document covers. Read it carefully before signing.