The theory of the compensation for bone fracture has been accepted by most religious jurists. This theory states, “The recompense for the bone fracture of the body parts for which compensation is included, if the fracture is irreparable, is as much as one fifth of the compensation for the removal of that body part, and if the fracture is fully reparable, the recompense is as much as four fifths of the compensation for the removal of that body part.” Following from the most jurists, criminal law has accepted this theory and provides in Paragraph A of the article 569, “The recompense for the bone fracture of a body part is as much as one fifth of the compensation for the removal of that body part, and if the fracture is fully healed without any defect, the recompense is as much as four fifths of the compensation for the removal of that body part.”
Passing judgment in accordance with the above Article is subject to the approval of fractures according to one of the states, i.e. reparable or irreparable. Due to lack of expertise of the vast majority of judges in the diagnosis of bone injuries, in accordance with Article 136 of the Code of Criminal Procedure:
The Magistrate calls for the verdict of the coroner to examine injuries, signs of assault, physical injuries, psychological trauma and other examinations and medical tests, and in some cases, he invites the coroner. If the coroner is unable to attend or if there is no coroner in a particular place, then a trusted specialist is invited.” Forensic medicine experts begin to examine and issue certificates according to this article. Although Article 569 has stated the recompense for bone fracture, in the implementation phase, this article has had problems to which offering solutions will be useful to medical specialists when issuing verdicts and to judges in courts.
In this paper, we will briefly investigate the juridical compensation for bone fracture and its reflection in constitutional law along with its implementation problems while considering the procedure of the forensic medicine organization and at the end will offer our suggestions.