In the legal system, individuals’ criminal and legal responsibilities vary according to their age. In Turkey, individuals under the age of 18 are considered “children” and legal processes for this age group are subject to special regulations. So, can a lawsuit be filed against someone under the age of 18? In which cases are children tried in terms of criminal and legal liability? Here are all the details you are curious about.
Legal and Criminal Liability of Children
1. Criminal Liability and Juvenile Criminal Law
According to the Turkish Penal Code (TCK), the criminal liability of individuals who commit crimes depends on their age. The responsibilities of children in terms of criminal law can be classified as follows:
Children Between the Ages of 0-12: Children under the age of 12 do not bear criminal liability for the acts they commit. In other words, even if they commit a crime, a criminal case cannot be filed. However, protective measures can be applied.
Children Between the Ages of 12-15: Children in this age group are evaluated according to whether they can perceive the legal meaning and consequences of the crime they commit. If their perception skills are not fully developed, no punishment is given, but if they are, they can be tried with a reduced sentence.
Children Between the Ages of 15-18: Children in this age group have lighter criminal liability than adults. However, depending on the nature of the crime committed, they can be tried in juvenile high criminal courts.
2. Penal Sanctions Applied to Children
For individuals under the age of 18, courts may prefer alternative sanctions such as educational measures, probation and rehabilitation instead of direct imprisonment. In addition, a more protective and educational trial process is carried out in juvenile courts.
Legal Cases and Children Becoming Parties
1. Can a Legal Case Be Filed Against Individuals Under the Age of 18?
Yes, in some cases, a legal case can be filed against individuals under the age of 18. However, since children have limited legal capacity, they are usually included in the lawsuit process through their parents or legal representatives.
Compensation Cases: If an individual under the age of 18 causes damage, the injured party can file a compensation case. However, since the child has limited legal capacity, their parents or legal guardians are usually held responsible.
Divorce and Custody Cases: Children cannot be a direct party to divorce and custody cases, but they are directly affected by these cases. The court makes decisions considering the best interests of the child.
Custody and Alimony Cases: A child can claim their legal rights through the court in the event of neglect or non-payment of alimony by the parent under their custody.
2. Do Children Have the Capacity to File a Lawsuit?
Individuals under the age of 18 cannot file a lawsuit on their own. However, in some exceptional cases, the courts may evaluate the direct applications of children. They are usually required to file a lawsuit through their parents or legal representatives.
Individuals under the age of 18 are subject to special regulations in both criminal and civil cases. While their criminal liability varies according to their age when they commit a crime, their parents or legal guardians usually come into play in terms of legal liability. Since the protection of children is one of the basic principles in legal processes, the courts make decisions considering the best interests of the child.
