19 Aug Car Counts As A Weapon In Wilful Injury Crime
The crime of intentional wounding is the infliction of pain on a person’s body, damage by an effective action that will disrupt his or her body integrity, impair his or her health or ability to perceive. Of course, this crime can be committed with a weapon. A person intentionally and willingly using his car to harm the victim by hitting him constitutes a crime of intentional injury, and the car is considered a weapon in the current incident. You can look at the example Supreme Court decision.
3. Criminal Department
Base Number: 2020/4563
Decision Number: 2020/8694
“Case Law Text”
Court :Criminal Court of First Instance
Crime : intentional wounding
Sentencing: conviction
The verdict given by the Local Court is appealed and the documents are read;
As necessary, discussed and considered:
1) in the face of the understanding that the participant and the accused were divorced on 11.03.2015, that they were not the official married wife on the date of the crime, the action of the accused was considered as deliberate wounding against the wife, determining the excess penalty by applying Article 86/3-a of TCK 5237 on the defendant,
2) because the defendant carried out his action by car, which is considered a weapon in accordance with Article 6/1-f-4 of the TCK, about the defendant is 86/2 of the TCK. failure to observe that the basic penalty to be determined in accordance with article 86/3-E should be increased by half due to the use of weapons in the incident,
Because the defendant’s appeals were considered in place in this respect, the provision was for these reasons 33 of law 6723. 8/1 of Law No. 5320, amended by Article. article 321 of Code of Criminal Procedures No. 1412 in force. in accordance with Article 326/Code of Criminal Procedures, it was unanimously decided on 06.07.2020 to take into account the acquired right of the accused in accordance with Article 326. (TCK= Turkish Criminal Code)
No Comments