In daily life, it is possible to encounter situations where disagreements can sometimes turn into physical violence. In such cases, how does the legal process work when the parties physically harm each other and both parties complain about each other? Here are the details:
Fight and Legal Process
First of all, the legal process in fight incidents is generally carried out according to the Turkish Penal Code No. 5237 (TCK). If there is a fight and both parties complain about each other, the incident is referred to the judicial authorities.
The evaluation of complaints during this process may vary depending on the nature of the incident and the damage caused. From a legal perspective, fights are generally evaluated within the scope of intentional injury (TCK Art. 86) or simple injury (TCK Art. 86/2).
How Does the Complaint Process Work?
Reporting the Incident to the Police or Prosecutor’s Office:
The parties involved in the fight can file a complaint with the police teams at the scene or later by going to the prosecutor’s office.
The parties’ statements are taken and evidence regarding the incident is collected (camera footage, eyewitness testimonies, etc.).
Investigation Phase:
The prosecutor’s office initiates an investigation to determine whether the incident constitutes a crime.
It is investigated whether there was a disproportionate use of force between the parties and whether one party acted in self-defense.
Forensic Medicine Report and Evidence Collection:
The parties are sent to the hospital and a forensic medicine report is obtained.
The degree of injuries is determined. If the injury can be treated with simple medical intervention, the crime is subject to complaint. However, if there is a more severe injury, the prosecutor’s office may initiate an investigation ex officio.
Mediation Process:
If the parties have filed complaints for crimes subject to mediation, such as minor injuries, the file may be referred to the mediation office.
If mediation is achieved, no lawsuit is filed; if the parties cannot reach an agreement, the process is brought to court.
Trial Process:
If the parties do not withdraw their complaints or the crime is not subject to reconciliation, the case is brought to the criminal court.
During the trial process, the judge evaluates the evidence and determines the punishment to be given to the parties.
What Happens If Both Parties Are Found Guilty?
Mutual Injury and Gravity of the Crime:
If both parties have committed an equal degree of crime, the court may give the parties equal or different punishments.
If one party’s crime is more serious (for example, using a knife), he/she will be given a more severe punishment.
Self-Defense:
If a party responded proportionately to the attack of the other party while defending himself/herself, this situation may be considered self-defense (TCK Art. 25) and no punishment may be given.
Suspension of the Announcement of the Verdict (HAGB) and Postponement:
If the parties have no criminal record, the court may postpone the announcement of the verdict or postpone the punishment.
What Happens If the Complaint is Withdrawn?
If the parties later reach an agreement and withdraw their complaints:
The case is dropped for crimes related to the complaint (such as simple assault).
Withdrawing the complaint does not drop the case for crimes of a public prosecution nature (such as serious assault); the prosecutor’s office may continue the investigation.
In cases of conflict, the fact that both parties file a complaint can complicate the legal process. The penalty is determined as a result of the evaluation of the details of the incident, the actions of the parties and the evidence. However, legal mechanisms such as reconciliation, self-defense or withdrawal of the complaint may affect the process. In such a case, it is important to consult a lawyer in order not to lose your rights.
