The crime of malicious injury under the Turkish Criminal Code number 5237

The most recent Turkish Criminal Code Number 5237 enacted on 1 June 2005 and stems from a contemporary Criminal Law conception. The objective of this study is to adopt this new Criminal Law theory and to reflect its new emphasis on the crime of malicious injury. The act of inflicting injury to the person might be committed by inflicting actual or grievous bodily harm, causing the victims to suffer from physical health problems or from perceptual defects. In a society governed by law everybody has right to bodily integrity and the States are under the duty of protect the society against all types of bodily harm. It is the main purpose to protect each individual from bodily and psychiatric injury. However the provisions of Turkish Criminal Code No 5237 regarding malicious injury comprise articles 86 to 88 this study only examines the articles 86 and 87.In this context the first chapter of this study focuses on fundamental information with respect to the crime of malicious injury, historical background in Turkish Criminal Law, the elements of the crime and the distinctions from the similar types. Chapter two analyses the question of determining negligence in malicious injury.In chapter three which named as the special forms of the malicious injury; the aggravated injury due to its consequences, negligent malicious injury, conatus, complicity and the joinder of offences we will be examined. In chapter four before concluding the study prosecution procedure and sanctions for the malicious injury will be discussed.