In daily life, physical violence can sometimes occur as a result of arguments, fights or sudden anger. One of the most common forms of such violence is hitting a person with a stick, stone, fist or other object. However, hitting the head with a hard object in particular is subject to severe legal sanctions as it can cause serious health problems. So, what is the penalty for hitting a person with a stick, especially hitting the head? Here are the consequences and possible sanctions of this act under the Turkish Penal Code (TCK):
1. Crime of Intentional Wounding (TCK Article 86)
According to the Turkish Penal Code, hitting a person on the head with a stick falls within the scope of the crime of “intentional wounding”.
Simple Wounding: If the victim is slightly injured and his vital functions are not affected, the perpetrator can be sentenced to 1 to 3 years in prison or a judicial fine.
Aggravated Injury: If the victim suffers serious damage such as bone fractures, concussion, vision or hearing loss as a result of the blow, the sentence may be increased to 3 to 8 years in prison.
2. Attempted Murder with Deliberate Intention (TCK Articles 81-82)
If hitting the head with a hard object is intended to kill or if the victim is in mortal danger, this action is considered to be attempted murder with intent. In this case, the perpetrator may face a prison sentence of 9 to 15 years.
3. Injury and Killing by Negligence (TCK Article 85)
If the perpetrator does not act intentionally but harms the victim as a result of carelessness or recklessness, the crime of “injury by negligence” or “killing by negligence” is committed.
Injury by Negligence: A prison sentence of 3 months to 1 year or a judicial fine may be imposed.
Manslaughter by Negligence: If the victim loses his life, the perpetrator may receive a prison sentence of 2 to 6 years.
4. Qualified Circumstances of the Crime and Factors Increasing the Sentence
Some situations may cause the sentence to be increased. These are:
Committing the Crime with a Weapon: Since an object such as a stick can be considered a “weapon” according to the TCK, the sentence may be applied by increasing it.
Committing Against a Lineage or Public Official: If the crime is committed against a public official such as a mother, father, teacher, doctor or police officer, the sentence may be increased by half.
Committing the Crime in Groups: If the perpetrator acted together with more than one person, the sentence is increased.
Legal Support
Hitting the head with a stick is an act subject to serious sanctions in criminal law. The sentence to be given may vary depending on the degree of harm suffered by the victim, whether the incident was intentional or not, and the perpetrator’s past criminal history. If you have encountered such a situation or would like to receive legal support, it is important to consult a specialist lawyer.
