4. The Duties of Juvenile Courts

Juvenile Courts: Legal Structure, Implementation Issues, and Current Case Law

Children are the individuals most in need of protection, both socially and legally. The prosecution of children within the criminal justice system requires special arrangements and sensitive approaches. Juvenile courts, established within this framework, offer a different and more protective judicial mechanism than those applied to adults, in cases where children are involved in or victimized by crime.

In Turkey, juvenile trials Law No. 5395 on Child Protection and the Law on the Establishment, Duties and Trial Procedures of Juvenile Courts .

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1. The Purpose and Importance of Juvenile Courts

Juvenile courts, unlike traditional criminal justice systems, focus on the rehabilitation and reintegration of children into society. The fundamental principle here "protection and rehabilitation rather than punishment .

The duties of juvenile courts are as follows:

• The trial of children involved in crime,

• Protection of child victims,

• Preparing social investigation reports in favor of children,

• Implementation of rehabilitation and educational measures.

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2. Legal Basis of Juvenile Courts

The Child Protection Law No. 5395regulates the duties and powers of juvenile courts in detail. Furthermore, of the Criminal Procedure Code also contain special procedures concerning children.

There are two types of courts: Juvenile Court and Juvenile Criminal Court

• Juvenile Courts: Responsible for minor offenses and those with light penalties.

• Juvenile Criminal Courts: These courts handle serious crimes (such as intentional homicide and sexual abuse).

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3. Definition of Child and Criminal Responsibility

Article 6/1-c of the Turkish Penal Code (TCK), "persons who have not yet reached the age of 18 are considered children."

• Children under 12 years of age: They have no criminal responsibility.

• Children aged 12-15: Responsibility is assessed based on their ability to understand the legal meaning and consequences of their actions.

• Children aged 15-18: The penalty is reduced.

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4. Juvenile Court Trial Procedures

4.1. Social Investigation Report

Before a decision is made about a child, social workers evaluate the child's family, education, and social environment.

4.2. Privacy Policy

Hearings in juvenile courts are closed to the public. The aim is to prevent the child from suffering psychological harm.

4.3. Reconciliation and Protective Measures

In some crimes, reconciliation between the child and the victim is possible. The court protective measures for the child, such as counseling, education, or housing .

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5. Juvenile Courts in Light of Supreme Court Decisions

The 6th Criminal Chamber of the Supreme Court of Appeals, in case number E. 2019/2631 K. 2020/1214,
emphasized that "the family environment plays a role in a child's involvement in crime, and a conviction decision given without considering social investigation reports constitutes grounds for reversal."

The Supreme Court Criminal General Assembly, Case No. 2018/153, Decision No. 2019/275, stated:
“The child's ability to understand the legal meaning and consequences of the act must be supported by expert reports. Merely abstract evaluation is insufficient.”

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6. ECHR Case Law

The ECHR takes into account Article 6 of the ECHR (right to a fair trial) and the provisions of the Convention on the Rights of the Child in the trials of children

• T. v. United Kingdom (1999): It was stated that providing psychological support and guidance to children during trial processes is mandatory.

• Salduz v. Turkey (2008): Taking statements from children without the assistance of a lawyer during the initial statement-taking process was considered a violation of the right to a fair trial.

• Blokhin v. Russia (2016): It was emphasized that children should be sent to rehabilitation centers instead of being held in prisons.

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7. Problems Faced by Juvenile Courts Today

7.1. Shortage of Experts

The shortage of social workers, educators, and psychologists is causing delays in the judicial processes for children.

7.2. Digital Crimes and Children

The role of children in digital crimes, such as internet fraud, cyberbullying, or committing crimes on social media, has increased. Juvenile courts must become better equipped to deal with these new types of crimes.

7.3. Child Victims

Psychological support mechanisms are not always sufficient to protect child victims in cases such as child abuse, domestic violence, and forced labor.

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8. Criminal Sanctions in Juvenile Courts

Sentences for children are generally reduced. However, in most cases, the court resorts to alternative sanctions such as probation, education, or supervision measures instead of imprisonment.

Turkish Penal Code Article 31:

• Children aged 12-15 receive a 50% reduction in their sentences.

• For children aged 15-18, a one-third reduction is applied to their sentences.

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9. Suggestions and Solutions

1. The number of specialist personnel (psychologists, social workers) in the child justice system should be increased

2. Crime prevention education programs should be expanded in schools.

3. Digital literacy training should be provided to raise awareness about cybercrime.

4. Rehabilitation centers for victimized children should be made more effective.

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10. Comparison of the Perspectives of the Court of Cassation and the European Court of Human Rights

• The Supreme Courtconsistently emphasizes the importance of social investigation reports and expert opinions in the trial of a child.

• The European Court of Human Rightsstipulates that children should not be subjected to the same procedures as adults in criminal justice, and that their right to a fair trial must be protected.

Both courts prioritize the best interests of the child in their decisions

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11. Conclusion

Juvenile courts, unlike the classical criminal justice system, have an approach focused on the child's reintegration into society. However, in practice, a lack of expertise, digital crimes, and inadequacies in protecting victimized children stand out as significant problems.

Recommendation: The child justice system should be brought into line with international standards, and comprehensive social policies should be developed to prevent both children from being drawn into crime and from becoming victims.

Gozdenur Turna