The crime of intentional injury is inflicting pain on a person’s body with an effective action that will damage his body integrity, damage his health or his ability to perceive. Of course, this crime can be committed with a gun. Injuring the victim knowingly and willfully by hitting the victim by using his car constitutes the crime of deliberate injury. Moreover, the car is considered as a weapon in the present case. You can review the sample Supreme Court Decision.
Criminal Chamber
Base Number: 2020/4563
Decision Number: 2020/8694
“Justice Text”
COURT: Criminal Court of First Instance
CRIME: Intentional injury
JURISDICTION: Conviction
By appealing the judgment given by the local court, by reading the document;
It has been discussed and considered:
1) When it is understood that the participant and the accused were divorced on 11.03.2015 and that they were not officially wedded spouses on the date of the crime, the act of the accused was evaluated as deliberate injury to the spouse, and the defendant was given an extra sentence by applying Article 86/3-a of the Turkish Penal Code No. 5237,
2) Due to the fact that the accused carried out his act with a car, which is considered as a weapon, in accordance with Article 6/1-f-4 of the Turkish Penal Code, Turkish Penal Code 86/2. Failure to consider that the basic penalty to be determined pursuant to Article 86/3-e should be increased by half due to the use of weapons in the incident,
It necessitated reversal, and since the defendant’s appeal requests were deemed appropriate in this respect, the verdict was stated in Article 8/1 of the Law No. 5320 amended with Article 33 of the Law No. 6723 due to these reasons. It was unanimously decided on 06.07.2020 that the defendant’s vested right be taken into account, pursuant to Article 321 of the Criminal Procedure Law No. 1412 and Article 326/last article of the Criminal Procedure Law.
