Special Provisions Regarding Intentional Injury and Insult Crimes Committed Against Family Members

ENTRANCE

In Turkish Criminal Law, crimes committed between family members hold special significance in terms of protecting societal values ​​and the institution of the family. In cases where intentional injury and insult offenses are committed between family members, both the Penal Code and Law No. 6284 provide exceptional protection mechanisms and aggravating provisions in favor of the victims. The family is the first social environment of individuals and forms the foundation of social peace and a healthy societal structure. Therefore, preventing domestic violence, providing swift and effective protection to victims, and imposing deterrent sanctions on perpetrators have become a priority for judicial authorities and legislators.

CONCEPTUAL FRAMEWORK: CRIMES OF INTENTIONAL INJURY AND INSULT

1. Crime of Intentional Injury (Turkish Penal Code Articles 86-87)

Intentional bodily harm is the deliberate violation of a person's bodily integrity. According to Article 86/2 of the Turkish Penal Code, if the victim is a "family member with whom the victim lives," this constitutes an aggravating circumstance requiring increased punishment. Furthermore, penalties are further increased in cases involving aggravating circumstances (e.g., bone fracture, chronic illness, etc.).

2. Crime of Insult (Turkish Penal Code Articles 125-131)

The crime of insult is an attack carried out through acts or words that offend a person's honor, reputation, and dignity. Article 125/4 of the Turkish Penal Code stipulates that the penalty shall be increased if the victim and the perpetrator are ascendants, descendants, spouses, siblings, or persons living in the same household. Insulting within the family is considered particularly sensitive in Turkish society, and special procedures are provided for the protection of the victim.

3. Law No. 6284 and Protective Measures

Victims of domestic violence can request protective measures immediately, without requiring evidence, under Law No. 6284. Within this scope, protective and preventive measures such as preventing the perpetrator from approaching the victim, removing them from the home, and imposing a communication ban are implemented immediately. Violation of these measures is punishable by disciplinary imprisonment.

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CONCRETE EVENTS

Incident 1:
During an argument with his wife, Ayşe A., Ahmet A. slapped her in the face and then insulted her by saying, "You'll never amount to anything, nobody will want you." Ayşe A. was subjected to both physical violence and verbal abuse.

Incident 2:
Murat K. frequently used insulting language towards his mother, Fatma K., with whom he lived in the same house. During an argument, he pushed her by the shoulder, causing her to fall to the ground.

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SAMPLE COMPLAINT LETTER

I have suffered both physical and emotional harm as a result of being slapped and verbally abused by my husband, Ahmet A., with statements such as "You'll never amount to anything, nobody wants you." Within our marriage, I have repeatedly been subjected to verbal abuse and, at times, physical violence. Because of these actions, I do not feel safe and my life is under threat. For these reasons, I respectfully request that Ahmet A. be punished in accordance with the relevant articles of the Turkish Penal Code and that protective measures be applied under Law No. 6284.

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SAMPLE DEFENSE PETITION

My client, Ahmet A., and his wife, Ayşe A., experienced various family problems during their marriage, and a heated argument took place between them on the day of the alleged incident. However, my client did not physically assault her or intentionally intend to insult her. The words spoken at the time were uttered in the heat of an isolated argument, and there was no continuous or systematic violence. Considering the severity of the act and the previous relationship between the parties, we believe that imposing severe penalties on my client would be unfair. We request that a discretionary reduction in sentence be applied in favor of my client and that the protective measures be lifted.

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LEGAL REGULATIONS AND IMPLEMENTATION

1. Aggravating Circumstances in the Turkish Penal Code

• Turkish Penal Code Article 86/2:
  If the crime of intentional injury is committed against an ascendant, descendant, spouse, sibling, or a person living in the same household, the penalty shall be applied without requiring a complaint and shall be higher than the minimum limit. In this case, a complaint is not required for the initiation of a public prosecution.

• Turkish Penal Code Article 125/4:
  If the victim of the crime of insult is an ascendant, descendant, spouse, sibling, or someone living in the same household as the perpetrator, the penalty shall be increased by one-third to one-half, and a public prosecution shall be initiated ex officio.

• Scope of Mediation:
  Crimes of intentional injury and insult committed against family members are no longer subject to complaint and are excluded from the scope of mediation.

2. The Role of Law No. 6284

Law No. 6284 allows for protective measures to be taken "without requiring evidence or documentation" for victims of domestic violence, including prohibiting the perpetrator from approaching the victim, removing them from the home, and applying electronic ankle monitors if necessary. Perpetrators who fail to comply with these measures are subject to disciplinary imprisonment.

3. The Supreme Court's Approach

The Supreme Court prioritizes the protection of the victim in cases of intentional bodily harm and insult committed within the family, considering the public interest. The fact that the perpetrator is a family member necessitates an increased penalty, and sentence reductions are applied very rarely.

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CONCLUSION

Crimes of intentional injury and insult committed between family members are subject to special provisions in the Turkish Penal Code and Law No. 6284, with the aim of protecting the victim and preventing the disruption of the family structure. The Penal Code provides for both increased penalties in domestic crimes and the initiation of public prosecution without requiring a complaint. Furthermore, the aim is to prevent the recurrence of violence through the prompt application of protective and preventive measures in favor of the victims. In line with this approach, Supreme Court decisions interpret the protection of the victim as the protection of social order; and regarding the criminal responsibility of the perpetrator, discretionary reductions based on the nature of the family relationship are considered very narrowly.
In practice, the important thing is to strike a balance between the effective protection of the victim's rights and the perpetrator's right to a fair trial. Unjust accusations that unnecessarily damage family unity must also be prevented.

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Supreme Court Decisions

• The 4th Criminal Chamber of the Court of Cassation, Case No. 2021/4096 E., Decision No. 2022/5930 K.,
  “Since it has been established that the defendant injured his wife, the victim, by slapping her and uttered insulting words such as 'nobody wants you,' it is correct to impose a sentence exceeding the minimum limit and without applying discretionary reduction, in accordance with Articles 86/2 and 125/4 of the Turkish Penal Code.”

• The 12th Criminal Chamber of the Court of Cassation, Case No. 2020/8303 E., Decision No. 2021/6127 K., stated:
  “In cases of intentional injury and insult against a family member, public prosecution is not subject to complaint, and conciliation provisions do not apply. There should be no delay in implementing preventive measures under Law No. 6284 to protect the victim.”

• The 2nd Criminal Chamber of the Court of Cassation, Case No. 2019/5621 E., Decision No. 2020/3377 K., stated:
  “The defendant’s continuous insults against his mother and physical intervention during an argument were deemed to constitute domestic violence; in order to protect the victim, both a protective measure was issued and the maximum penalty was deemed appropriate.”