Who is a Juvenile Criminal?
The Turkish Penal Code divides children into two groups in terms of criminal liability:
• Children Under 12: Children in this age group do not bear criminal liability no matter what. Only “child-specific security measures” can be applied to them.
• Children Between 12-15 Years of Age: The criminal liability of children in this age group is assessed according to whether they can perceive the legal meaning and consequences of the act. If the child does not understand what the act means and what consequences it will have, they do not have criminal liability. However, if they understand the consequences of the act, they can receive a reduced sentence or again “child-specific security measures” can be applied.
What are the Security Measures Specific to Children?
Security measures specific to children are a number of measures implemented for the purpose of rehabilitating the child and reintegrating him/her into society. These measures include;
• Placement in child protection institutions: Can be applied if the child’s family cannot provide for him/her or if the child threatens the family.
• Psychological counseling: Necessary for the identification and solution of the problems experienced by the child.
• Family counseling: It can be applied to change the family’s attitude towards the child and to reintegrate the child into the family.
• Changing the social environment: It can be applied to remove the child from negative influences.
Reduction of Sentence in Juvenile Crimes
A child who is over 12 but under 15 years of age is criminally responsible if he/she can understand the legal meaning and consequences of the act he/she committed. However, in this case, the Turkish Penal Code applies a reduction in the sentence by taking into account the child’s age and level of immaturity.