Fight at Istanbul Airport: Assault Charges Under TCK 86 Explained

1. What Does Article 86 of the Turkish Penal Code Say?

Article 86 punishes a person who intentionally causes another person bodily pain, or impairs their health or their ability to perceive. It has a basic form, a lighter form that depends on a complaint, and aggravated forms that do not.

The basic offence: Article 86(1). A person who intentionally causes another person bodily pain (vücuduna acı veren) or impairs their health or perception (sağlığının ya da algılama yeteneğinin bozulmasına neden olan) is punished with imprisonment of one year and six months to three years. Law No. 7550 raised the lower limit from one year to one year and six months, and in Article 86(2) replaced four months to one year with six months to one year and six months; the amendment is in force since 4 June 2025.

The lighter form: Article 86(2). Where the effect of the act on the person is so slight that it can be remedied by a simple medical intervention (basit bir tıbbî müdahaleyle giderilebilecek ölçüde hafif), the penalty is imprisonment of six months to one year and six months or a judicial fine, and the case proceeds upon the victim's complaint (mağdurun şikâyeti üzerine). Where this offence is committed against a woman, the lower limit of the penalty cannot be less than nine months. Whether an injury meets the "simple medical intervention" threshold is assessed on the medical evidence in the file.

What the text speaks of. The wording refers to bodily pain or impairment of health or perception; it does not mention a visible wound. How a particular push, slap or blow is classified is a question for the prosecutor and the court.

2. When Is an Airport Fight Treated More Seriously?

Where one of the circumstances in Article 86(3) is present, the penalty is increased by half (one-fold for monstrous intent) and no complaint is needed; where the injury has one of the consequences listed in Article 87, the penalty determined under Article 86 is increased further.

Aggravated forms: Article 86(3). Where intentional injury is committed (a) against an ascendant, descendant, spouse, former spouse or sibling, (b) against a person who cannot defend themselves physically or mentally, (c) because of the public duty the person performs (kişinin yerine getirdiği kamu görevi nedeniyle), (d) by abusing the influence of a public official, (e) with a weapon (silahla), or (f) with monstrous intent, the penalty is increased by half, without a complaint being required (şikâyet aranmaksızın); for (f), it is increased one-fold.

Two of these can be relevant at an airport:

• Public duty. Under TCK Article 6(1)(c), a public official (kamu görevlisi) is a person who takes part in carrying out a public activity by appointment or election, or in any other way, permanently, for a fixed term or temporarily. The definition does not list professions; whether a particular person at the airport performs a public duty is for the prosecutor and the court.
• Weapon. Under TCK Article 6(1)(f), "weapon" includes, besides firearms, explosives and cutting, piercing or bruising tools made for attack and defence, other things that, even if not made for attack and defence, are in fact suitable for use in attack and defence (sub-paragraph 4). The text does not name objects; whether something found at the scene falls within that sub-paragraph is assessed by the court.

Serious consequences: Article 87. If the injury causes, for example, a lasting weakening of the function of one of the person's senses or organs, a permanent scar on the face or a life-threatening condition, Article 87(1) increases the penalty determined under Article 86 one-fold (bir kat artırılır), and the penalty cannot be less than four years in cases under Article 86(1) or six years in cases under Article 86(3). For the more serious outcomes in Article 87(2), such as the loss of the function of a sense or organ or a permanent change to the face, the increase is two-fold, with minimums of six and nine years. Under Article 87(3), where the injury causes a bone fracture or dislocation, the penalty is increased by up to half, depending on the effect of the fracture or dislocation on vital functions.

Resisting an officer. If force or threats are used against a public official to prevent them from performing their duty, TCK Article 265(1) provides for imprisonment of six months to three years, and under Article 265(5), if the serious consequences of intentional injury occur in the course of that offence, the provisions on intentional injury are applied in addition.

3. Does the Injured Person Have to File a Complaint?

It depends on the paragraph. Article 86(2) proceeds upon the victim's complaint. Article 86(1) contains no complaint requirement, and Article 86(3) says expressly that the increased penalty applies without a complaint being required.

The complaint period. Under TCK Article 73(1), where the investigation and prosecution of an offence depend on a complaint and the person entitled to complain does not complain within six months, no investigation or prosecution can be carried out. Under Article 73(2), provided the limitation period has not passed, the six months start from the day that person knows or learns of the act and of who committed it.

Where a complaint is made. Under CMK Article 158(1), a complaint can be made to the Chief Public Prosecutor's Office or to the law-enforcement authorities, and under Article 158(5) it can be made in writing or orally to be recorded in a written record. Either side of a fight can use this route.

Withdrawing the complaint. Under TCK Article 73(4), in offences whose prosecution depends on a complaint, unless the law provides otherwise, the victim's withdrawal of the complaint ends the case, and a withdrawal after the judgment has become final does not prevent the execution of the penalty. Under Article 73(6), unless the law provides otherwise, the withdrawal does not affect a defendant who does not accept it. Under CMK Article 158(7), if it is understood during the prosecution that the offence depends on a complaint, the trial continues unless the victim expressly withdraws the complaint.

The table sets out how the texts treat the main forms.

4. Can an Assault Case Be Settled Through Reconciliation?

For Article 86(1) and 86(2), yes, reconciliation is attempted, subject to the conditions below. CMK Article 253(1)(b)(1) lists "intentional injury (except the third paragraph, Article 86; Article 88)" among the offences for which reconciliation between the suspect and the victim is attempted, whether or not the offence depends on a complaint. Article 86(3) is excluded, and TCK Article 87 is not on the list.

When an insult is part of the same incident. CMK Article 253(3) provides that reconciliation cannot be used for the offence of insult (TCK Article 125), even where its prosecution depends on a complaint. The second sentence of the same paragraph adds that where an offence within reconciliation is committed together with an offence outside it against the same victim, the reconciliation provisions are not applied. A third sentence, added on 24 December 2025, provides that where an offence within prepayment (önödeme) and an offence within reconciliation are committed together against the same victim, the reconciliation provisions apply to the offence within reconciliation. Under TCK Article 75(6)(a)(2), the prepayment provisions also apply to insult (TCK Article 125), except where it is committed against a public official because of their duty (Article 125(3)(a)). How these sentences apply to a given file is for the prosecutor; words exchanged during a fight are covered in our guide to insulting airport staff or police.

How the procedure starts. Under Article 253(4), where the offence is subject to reconciliation and there is sufficient suspicion to bring a public prosecution, the file is sent to the reconciliation bureau and the appointed conciliator makes the offer. A party who does not state a decision within seven days of the offer is deemed to have refused it.

If someone has left Türkiye. Under Article 253(6), where the victim, the person harmed, the suspect or their legal representative cannot be reached because they are not at the address given to the authorities and recorded in the file, because they are abroad or for another reason, the investigation is concluded without going to reconciliation. For a traveller who leaves after a statement, a working address and contact details matter.

What reconciliation does not stop. Under Article 253(8), making or accepting an offer does not prevent the collection of evidence or the application of protective measures.

Outcome. Under Article 253(19), if the suspect performs what was agreed in one go, a decision of non-prosecution (kovuşturmaya yer olmadığı) is given; if performance is deferred, paid in instalments or continuing, the public prosecution is postponed. The same paragraph provides that, once reconciliation is reached, no compensation claim can be brought for the offence, except for damage that could not be determined at the time of reconciliation or that arises afterwards. Under Article 253(20), statements made during reconciliation talks cannot be used as evidence in any investigation, prosecution or lawsuit. Under Article 253(16), even after an offer is refused, the parties can apply to the prosecutor with a document showing that they have reconciled, at the latest until the indictment is drawn up.

After a case is opened. Under CMK Article 254(1), if it is understood after the public prosecution has been brought that the offence is within reconciliation, the file is sent to the reconciliation bureau. Under Article 254(2), if reconciliation is reached and the defendant performs in one go, the court decides that the case is dropped (davanın düşmesi).

5. Self-Defence, Exceeding Its Limits and Provocation

The Penal Code has three provisions that may apply where the person accused of injury says they were attacked or provoked first. Each has its own conditions, and whether they are met is for the court to assess on the evidence.

1. Legitimate defence: TCK Article 25(1). No penalty is imposed for acts committed out of the necessity to repel an unjust attack directed at a right belonging to oneself or to another, which is occurring, or whose occurrence or repetition is certain, in proportion to the attack, according to the circumstances and conditions at that moment.
2. Exceeding the limits: TCK Article 27. Under Article 27(2), where the limits of legitimate defence are exceeded because of excusable excitement, fear or panic (mazur görülebilecek bir heyecan, korku veya telaş), no penalty is imposed. Under Article 27(1), where the limits of a ground removing criminal responsibility are exceeded without intent, and the act is also punishable when committed negligently, the penalty for the negligent offence is imposed, reduced by one sixth to one third.
3. Unjust provocation: TCK Article 29. A person who commits an offence under the influence of anger or severe distress caused by an unjust act (haksız bir fiilin meydana getirdiği hiddet veya şiddetli elem) receives a reduced penalty; outside the cases of life imprisonment, the penalty to be imposed is reduced by one quarter to three quarters.

A related rule concerns words rather than blows: under TCK Article 129(2), where insult is committed as a reaction to the offence of intentional injury, no penalty is imposed on the person.

Witness names, the time of the incident, any recordings that show how it began and a medical report of your own injuries can all matter for these assessments.

6. What Are Your Rights If the Police Take You Into Custody?

You must be told your legal rights, what you are accused of, that you can choose a lawyer and that you have the legal right not to make a statement; custody must end, or you must be brought before a judge, within the periods the CMK sets.

Arrest at the scene. Under CMK Article 90(1), anyone may temporarily apprehend a person who is caught committing an offence, or who is followed after an offence in the act and may flee or whose identity cannot be established immediately. Under Article 90(4), after taking measures to prevent escape or harm, the police inform the apprehended person of their legal rights immediately, and under Article 90(5) the prosecutor is informed at once and the police act on the prosecutor's instructions.

Custody periods. Under Article 91(1), if the prosecutor's office does not release the person, custody (gözaltı) can be ordered to complete the investigation; it cannot exceed twenty-four hours from the moment of apprehension, excluding the time needed to send the person to the nearest judge, which cannot exceed twelve hours. Under Article 91(2), custody depends on its being necessary for the investigation and on concrete evidence suggesting the person committed an offence. Under Article 91(3), for collectively committed offences, because of difficulty in collecting evidence or the number of suspects, the prosecutor can order in writing that custody be extended by up to one day at a time, for up to three days. Under Article 91(4), limited to cases caught in the act, for listed offences that include intentional injury (TCK Articles 86 and 87), police chiefs designated by the civil administration can order custody of up to twenty-four hours, or up to forty-eight hours during social events in which spreading violence may seriously disturb public order and for collectively committed offences; the person is brought before a judge within forty-eight hours at the latest, or four days for collectively committed offences. Under Article 91(5), the person, their lawyer, legal representative, spouse or a first or second degree blood relative can apply to the criminal judge of peace (sulh ceza hâkimi) against the prosecutor's written order, to secure immediate release.

Family and consulate. Under CMK Article 95(1), on the prosecutor's order a relative or a person the suspect names is informed without delay. Under Article 95(2), if the person apprehended or held is a foreign national, their consulate is informed unless they object in writing.

The statement. CMK Article 147(1) requires that the accusation is explained (b); that the suspect is told of the right to choose a lawyer and to have the lawyer present, with the bar association appointing one if the suspect cannot choose one and wants a lawyer's help (c); that the suspect is told of the legal right not to make a statement about the accusation (e); that the suspect is reminded they may ask for concrete evidence to be collected in their favour (f); and that the statement is put into a written record, noting any refusal to sign and its reasons (i).

Interpreter. Under CMK Article 202(3), if a suspect, victim or witness heard during the investigation does not know Turkish well enough to explain themselves, an interpreter is appointed by the judge or the prosecutor. Under CMK Article 324(5), the cost of an interpreter appointed for a suspect, accused, victim or witness who does not know Turkish is not a trial cost and is borne by the State Treasury.

More detail is in our guides to giving a statement (ifade) at Istanbul Airport and what happens at the police station after an airport arrest.

7. What Happens to Your Flight? Detention and Judicial Control

Release after a statement does not by itself close the file. If the prosecutor asks for a protective measure, the criminal judge of peace decides on detention on remand or on judicial control, and judicial control can include an obligation not to leave the country.

Detention on remand. Under CMK Article 100(1), detention (tutuklama) can be ordered where there is concrete evidence of strong suspicion and a ground for detention, and it cannot be ordered if it is not proportionate to the importance of the matter and the expected penalty. Under Article 100(2)(a), concrete facts raising suspicion that the suspect will flee or hide can be such a ground. Under Article 100(3)(a)(4), a ground for detention may be presumed where there is strong suspicion based on concrete evidence of intentional injury under Article 86(3)(b), (e) or (f), or of the aggravated injury in Article 87; under Article 100(3)(i) the same applies to intentional injury committed against a woman. Article 100(4) bars detention for offences punishable by a judicial fine alone and, except for offences committed intentionally against bodily integrity, for offences whose maximum term of imprisonment is not more than two years.

Judicial control. Under CMK Article 109(1), where the grounds for detention in Article 100 exist, the suspect can be placed under judicial control (adli kontrol) instead of detention, and under Article 109(2) judicial control can also be applied where the law prohibits detention. Under Article 109(3), judicial control consists of one or more obligations, including (a) not leaving the country (yurt dışına çıkamamak), (b) reporting regularly to places set by the judge and (f) depositing a security. Under CMK Article 110(1), the suspect can be placed under judicial control at the prosecutor's request by decision of the criminal judge of peace, at any stage of the investigation, and under Article 110(2) the judge, at the prosecutor's request, can remove or change the obligations in whole or in part.

Whether any of these measures is requested in a given file depends on the evidence and on the prosecutor's assessment; this guide does not predict it. For more on restrictions on leaving the country, see stopped from leaving Türkiye: exit bans and our page on exit bans.

8. Step by Step After a Scuffle at the Airport

1. Step away and stop the physical contact. Under TCK Article 86(1), intentionally causing another person bodily pain falls within the basic offence.
2. Get medical attention and ask for a report of your own injuries. Article 86(2) and Article 87 are framed around the effect of the act on the person's body, which medical reports record.
3. Note witnesses and the exact time. This can matter for legitimate defence (TCK Article 25(1)) and provocation (TCK Article 29).
4. If the police approach, ask what you are accused of and ask for a lawyer and an interpreter (CMK Articles 147(1)(b), 147(1)(c) and 202(3)).
5. Use your right not to make a statement if you need time (CMK Article 147(1)(e)).
6. Read the record before signing. If you refuse to sign, the reasons are noted (CMK Article 147(1)(i)).
7. Tell the police if you do not want your consulate informed. Under CMK Article 95(2), the consulate is informed unless you object in writing.
8. Give an address and contact details that will work after you leave Türkiye. Under CMK Article 253(6), where a party cannot be reached because they are abroad, the investigation is concluded without reconciliation.

If you or someone travelling with you has been held at Istanbul Airport or at Sabiha Gökçen after a fight, a lawyer can explain these rules in your language and look at the records you were given. Guidance can start on WhatsApp. See also our pages on criminal defence, police custody and giving a statement (ifade).