'Children dragged into crime' regulation in judicial package: Penalties are being reshaped

The AKP has reached the final stage of a legal draft it is working on regarding children dragged into crime. According to a report by Nefes, the study envisions restructuring the enforcement regime based on children's age groups, while aiming for criteria such as the manner in which the crime was committed, the child's criminal record, and the severity of intent to become more decisive in determining sentences.

HOW DOES THE CURRENT SYSTEM WORK?

The criminal liability of those under 18 is regulated under Article 31 of the Turkish Penal Code. Accordingly, children under the age of 12 have no criminal liability, and only protective and supportive measures specific to children are applied to this age group.

While a 50 percent reduction is applied to sentences for children in the 12-15 age group, this rate is applied as one-third for the 15-18 age group. In cases of aggravated life imprisonment and life imprisonment, prison sentences of up to 24 years can be given to the 15-18 age group, and up to 15 years to the 12-15 age group.

THE CONCEPT OF "CHILD" IS BEING RE-DEBATED

Minister of Justice Akın Gürlek, in response to a question about new-generation criminal organizations during a television program he attended, reminded that some regulations were implemented within the scope of the 11th Judicial Package and that work on the 12th Judicial Package is ongoing. In this context, Gürlek stated the following:

"Unfortunately, criminal organizations are using these children by exploiting loopholes in the law. Legal regulations need to be made on this issue. We need to address the concept of 'child'."

HEAVIER PENALTIES FOR ADULTS WHO USE CHILDREN

One of the prominent regulations in the draft concerns adults who incite children to commit crimes or use them within the hierarchy of criminal organizations. Accordingly, it is planned to increase the sentences to be given to those who direct a child to commit a crime by up to two times.

BROADER DISCRETION FOR JUDGES

The automatic age reduction granted to the 15-18 age group in current practice is also being reconsidered. Narrowing the reduction rates, especially for serious crimes such as intentional homicide, sexual abuse, and robbery, is on the agenda. If the regulation is enacted, instead of applying automatic reductions in every file, judges will be able to use broader discretion based on the child's potential for reintegration into society and the circumstances of the specific case.

News Source: 12punto