children drawn into crime

CRIMINAL RESPONSIBILITY OF A CHILD INVOLVED IN CRIME

In criminal law, a person who has not reached the age of 18 is considered a child. Turkish Penal Code No. 5237 defines criminal responsibility in three age groups based on age at the time the crime was committed: 0-12 years, 12-15 years, and 15-18 years.

  The 0-12 age group refers to children from birth until they reach the age of 12. Children in this age group have no criminal responsibility; for example, if 11-year-old Ahmet broke his classmate Fikret's nose during an altercation, Ahmet, despite being involved in the crime, would not be prosecuted. In short, criminal prosecution cannot be initiated against individuals in the 0-12 age group; however, child-specific security measures can be applied.

Children who are between the ages of 12 and 15 at the time of committing the act, and who are unable to understand the meaning and consequences of their actions or whose ability to control their behavior is not sufficiently developed, are not criminally liable and cannot be prosecuted, just like children aged 0-12. However, a security regime specific to children is mandatory.

about children aged 12-15, we should understand it to mean children who have reached the age of 12 but not yet 15. Two characteristics should be considered regarding children in this age group: Firstly, if a child who has reached the age of 12 but not yet 15 at the time of committing the act is unable to comprehend the legal meaning and consequences of the act or if their ability to control their behavior is not sufficiently developed, they are not criminally liable. However, security measures specific to children are applied to these individuals. Secondly, if they have the ability to comprehend the legal meaning and consequences of the act and to control their behavior in relation to that act, they are sentenced to imprisonment for 12 to 15 years in cases where the crime warrants aggravated life imprisonment; and for cases where it warrants life imprisonment, they are sentenced to imprisonment for 9 to 11 years. Other sentences are halved, and in this case, the imprisonment sentence for each act cannot exceed 7 years.

When we talk about children aged 15-18, we should understand it to mean children who have completed 15 years of age but have not yet reached 18. For children in this age group who are involved in crime, instead of aggravated life imprisonment, a prison sentence of 18 to 24 years is imposed, and if it would warrant life imprisonment, a prison sentence of 12 to 15 years is imposed. One-third of other sentences are reduced, and in this case, the prison sentence for the offense cannot exceed 12 years.

The information we have written above applies only to children who are not deaf and mute. For deaf and mute children involved in crime, it is assumed that their ability to understand the legal meaning and consequences of their actions matures later, and the age range considered is 0-15 years instead of 0-12 years, 15-18 years instead of 12-15 years, and 18-21 years instead of 15-18 years.

The bar association is obligated to appoint legal counsel for children who have committed offences. Unfortunately, it is a known fact in our country that the lawyers appointed by the bar association often fail to adequately defend these children, focusing instead only on case procedures. We believe that, for the sake of our children's reintegration into society, they should seek help from lawyers specializing in child psychology and who have focused more on criminal law.