According to the Turkish Penal Code, simple wounding is a crime that harms a person’s physical integrity but does not fall within the scope of the crime of serious wounding. Such crimes usually result in minor injuries and the penal sanctions are usually light. However, evidence is usually needed for such cases to be concluded successfully. So, what happens if there is no evidence in the crime of simple wounding? Here is the answer to this question.
1. The Crime of Simple Wounding and the Need for Evidence
According to Article 86 of the Turkish Penal Code, a person must be physically harmed in order for the crime of simple wounding to be committed. Such crimes usually occur through actions such as beating, pushing, kicking, scratching. However, in the crime of wounding, it is important to have some evidence to prove the physical harm suffered by the victim.
Evidence usually consists of elements such as wounds found on the victim’s body, witness statements, camera recordings or hospital reports. However, in some cases, it is possible that such evidence does not exist. How does the case proceed in this case?
2. Difficulties of the Case in the Absence of Evidence
Lack of evidence can affect the course of the case. In the absence of evidence, it may not be proven that the crime was committed and therefore, criminal sanctions may not be imposed on the perpetrator. In criminal cases in Turkey, the presumption of innocence applies until the defendant is definitely proven guilty. This means that even if it is alleged that a simple wounding crime was committed, the case may not be concluded if there is no concrete evidence.
3. The Role of Witness Statements
In the absence of evidence, witness statements can be an important part of the case. If there were people around at the time of the incident, their statements can change the course of the case. Accurate and consistent statements from witnesses can be a solution in the absence of evidence. However, the reliability of witness statements can always be questioned. In addition, if witnesses do not remember the moment of the incident clearly or give false statements, the case may become difficult.
4. The Importance of Medical Reports
In simple wounding crimes, it is very important to document the injuries suffered by the victim. The victim’s visit to the hospital and the medical reports received there can be used as important evidence in court. Medical reports reveal the severity and type of injury, but if these reports are not available, the case may be considered as evidence-free.
5. Surveillance and Security Cameras
Today, there are security cameras in many areas. If there are security cameras where the incident took place, these images can also be used as evidence in the case. However, sometimes the security camera recordings can be deleted or lost due to technical reasons. In this case, there will be a lack of evidence.
6. How to Make a Defense if There is No Evidence?
If the defendant (defendant) claims that he did not commit the crime of simple injury and there is no evidence, the court will evaluate this claim. The defendant can take advantage of the lack of evidence by claiming that he is innocent. However, if there is no definitive evidence that the defendant is guilty, the court may decide to acquit.
7. Court Decision in Case of Insufficient Evidence
Due to lack of evidence, the court may drop some cases or may not punish the defendant. However, if there is no concrete evidence that the crime was committed, an acquittal decision is possible. In addition, the victim can only file a compensation claim for the act of injury committed against him.
8.
In simple wounding crimes, if there is no evidence, the case may face difficulties. However, the lack of evidence is only an obstacle because other types of evidence (witness testimonies, medical reports, etc.) can shed light on the incident. Since cases are always decided based on concrete evidence, in the event of insufficient evidence, the result may be in favor of the defendant. Even if the victims have difficulty finding evidence, they can still exercise their other legal rights.
