In this article, we are going to mention about nonaccidental injury crime and its qualified or remissioned forms with giving information. If you are willing to get more information about nonaccidental injury crime, you may continues to study our article.
WHAT IS NONACCIDENTAL INJURY CRIME?
Nonaccidental injury crime is regulated under the title of Offences Against Physical Integrity in the 86th article of Turkish Criminal law. Nonaccidental injury crime is stipulated to hurt someone’s body or harass someone’s sensing capability. The theme of nonaccidental injury crime is the body or psychological existence of sufferer.
Nonaccidental injury crime might be committed as act of commission which is doing something or acting somehow, might be committed as act of omission which is not doing something or remaining motionless to be the reason of injuring someone. Sufferer of nonaccidental injury crime might be anyone that in circumstance of being alive. Offender of this crime might be anyone also.
If acts intended to nonaccidental injury are perfected but whether not come true for any reason, it indicates that attemp to injury crime not nonaccidental injury crime.
If necessary to give some examples for nonaccidental injury crime;
- Elbowing, kicking, headbutting or fisting someone
- Throwing rock at someone
- Stabbing someone
- Shooting someone
- Hitting someone by wood, iron pipe, stick or etc. or harming someone by sharp and rounder objects
might be appropriate to be counted. However, these actions should be resulted in consequences that mentioned in the article.
PENALTY INCREASING ASPECTS OF NONACCIDENTAL INJURY CRIME
If nonaccidental injury crime is committed within qualified aspects which is determined in Turkish Criminal Law, it indicates the matter in aggravation which means penalty increased. If sufferer of nonaccidental injury crime is kinship in the direct line such as wife, brother or sister and If sufferer of nonaccidental injury crime is in a situation that is impossible to defend himself or herself or If sufferer of nonaccidental injury crime is a public official, it is noticed that the matter of aggravation for nonaccidental crime injury.
REMISSION ASPECTS OF NONACCIDENTAL INJURY CRIME
Remission aspects of nonaccidental injury crime is regulated in the 2nd sub-article of 86th article in Turkish Criminal Law. If effect of nonaccidental injury is slight enough to remove with a simple medical attention, it indicates remission aspects. Simple medical attention means that there is no need except first aid response. This kind of an injury act is prosecuted on complaint. Unless sufferer lodge a complaint to prosecutor, investigation and prosecution cannot be possible. Persons who cause physical injuries like that to be ruled less penalty.
PUNISHMENT OF NONACCIDENTAL INJURY CRIME
Punishment of nonaccidental injury crime show an alteration hinging on nature of the offence.
According to the 1st sub-article of 86th article in Turkish Criminal Law, punishment of nonaccidental injury crime is one to three years.
If effect of nonaccidental injury is slight enough to remove with a simple medical response, it is ruled to imprisonment 4 months to 1 year and judicial fine on complaint of victim.
If crime is included in the scope of qualified aspects which is mentioned above, penalty will be increased by half-rate without any look for a complaint.
LAWYER INTERESTED IN NONACCIDENTAL INJURY
Offender of nonaccidental crime injury might be punished with increased penalties because of nature of the offence. Therefore, defending legally with a criminal lawyer will be the best option for an offender. The best criminal lawyer is firstly recognizant to the facts of life, lately cognizant to law and applying it.