As Özkök Law Firm, our priority is to protect the legal rights of children and youth. In this article, we will discuss in detail the issue of sentence reduction for children and youth, which is one of the frequently encountered issues within the scope of criminal law.
Criminal Responsibility of Children and Youth
First of all, the criminal responsibility of children and youth differs from that of adults. The Turkish Penal Code (TCK) adopts a more protective and educational approach towards children, taking into account their developmental processes and immaturity.
• Children Under 12: Children who have not reached the age of 12 do not bear criminal responsibility. Children in this age group are not punished for the acts they commit, but they may be subject to various measures depending on the severity of the situation.
• Children Between the Ages of 12-15: Although children in this age group understand that the act they commit is unjust, they may not be able to stop themselves from committing the act in some cases. For this reason, sentence reduction is applied to children in this age group.
• Youths Between the Ages of 15-18: Youths in this age group generally have the capacity to foresee the consequences of their actions and take responsibility. However, in some cases, a sentence reduction may be applied due to the negative effects of youth.
Why is a Sentence Reduction Applied?
The main reasons for applying a sentence reduction to children and youth are as follows:
• Immaturity of Development: Children and youth have a less mature mental structure than adults. Therefore, it would not be right to evaluate them in the same way as an adult who committed the same act.
• Reintegration into Society: Sentence reduction is applied for the purpose of reintegrating children and youth into society and re-socializing them. Excessive punishments may cause these individuals to continue committing crimes.
• Education and Treatment: Using education and treatment methods instead of punishment would be more beneficial for the future of children and youth.
In Which Cases is a Sentence Reduction Applied?
Sentence reduction is not applied in the same way for every crime and for every child or youth. When deciding on a sentence reduction, the court evaluates the following factors:
• Age of the Child: Age is one of the most important factors in the decision to reduce a sentence.
• Seriousness of the Crime: The type and severity of the crime committed affects the amount of the sentence.
• Personality of the Child: Factors such as the child’s background, family, and social environment are also evaluated.
• How the Crime was Committed: How the crime was committed may affect the decision to reduce the sentence.
