Expert Opinion
Assessment of Injuries Under the Turkish Penal Code
Forensic assessment of injuries involves establishing the causal link between the incident and documented injuries, and classifying those injuries against the criteria defined in the Turkish Penal Code (TCK). Assessments follow the Guidelines on Forensic Evaluation of Assault Offences Under the Turkish Penal Code published by the Council of Forensic Medicine.
Scope of Assessment
- Whether the injury is limited in severity such that it is amenable to simple medical intervention
- Whether the injury created a life-threatening condition
- Whether a bone fracture or dislocation is present and its functional impact
- Permanent loss or weakening of sensory or organ function
- Permanent speech difficulty or loss of speech
- Permanent scarring or permanent alteration of facial appearance
- Premature delivery or miscarriage in a pregnant person
- Permanent illness, persistent vegetative state or loss of reproductive capacity
Relevant Provisions
Legal Framework
TCK Art. 86 — Intentional injury
TCK Art. 87 — Aggravated consequences of intentional injury
TCK Art. 88 — Intentional injury committed by negligent conduct
TCK Art. 89 — Negligent injury
Distinction from Disability Assessment
Assessment under the TCK differs from disability assessment. TCK assessment classifies injuries against criminal law criteria. Disability assessment quantifies permanent functional loss for compensation purposes under applicable regulations. A finding of serious injury under the TCK does not, by itself, establish a particular disability rate.
Documents Typically Required
For preliminary assessment
Medical records from initial presentation
Imaging, laboratory and operative documentation
Forensic reports and discharge summaries
Pre-incident medical history
Follow-up and treatment records
Current examination findings
Specialist assessments of organ or sensory function loss
Incident report, accident record and witness statements
Legal BasisHMK Art. 293 · CMK Art. 67/6 · CMK Art. 68/3