6 more articles of the bill regarding children dragged into crime accepted in the Grand National Assembly of Turkey

In the Grand National Assembly of Turkey (TBMM) General Assembly, 6 more articles of the Bill on Amendments to the Child Protection Law and Certain Other Laws, which has been debated in the public eye under the heading of "children dragged into crime," have been accepted.

The accepted articles foresee amendments to the Turkish Penal Code, the Criminal Procedure Code, the Law on the Execution of Penal and Security Measures, and the Law on Misdemeanors. The regulations cover topics such as the violation of obligations arising from family law, indictments prepared for children without social investigation, execution conditions for child convicts, and the carrying of knives for purposes other than intended.

With the amendment made to the Turkish Penal Code, the prison sentence of "up to 1 year" foreseen upon complaint for a person who fails to fulfill the obligation of care, education, or support arising from family law is being reorganized as a prison sentence of "3 months to 2 years."

The lower and upper limits of the penalty to be given to a person who abandons their spouse, knowing she is pregnant, or a woman with whom they live continuously and know is pregnant by them, in a helpless state are also being increased. The prison sentence foreseen for this crime is being increased from 3 months to 1 year, to 6 months to 2 years.

PROMINENT REGULATIONS IN THE BILL

According to the regulation, the limit of the prison sentence to be given to a mother or father who, even if their custody rights have been revoked, severely endangers the morality, safety, and health of their children as a result of habitual drunkenness, use of drugs or stimulants, or disgraceful attitudes and behaviors, will also be raised. The current prison sentence of 3 months to 1 year for this act will become 1 year to 3 years.

With the amendment in the Criminal Procedure Code, the return of an indictment prepared for children under the age of 15 without a social investigation is foreseen. The court will examine the documents within 15 days from the date the indictment and investigation file are submitted, indicate the missing or erroneous points, and may decide to return the indictment to the Chief Public Prosecutor's Office.

In the execution regulation, it is stipulated that instead of starting the execution of prison sentences for child convicts directly in juvenile education houses, the execution shall begin in closed juvenile penal institutions, and they shall be transferred to education houses if it is determined that they are of good conduct. It is regulated that children in the 12-18 age group shall be housed in separate sections of closed juvenile penal institutions, taking into account their gender, physical development status, and types of crimes.

The decision to transfer child convicts from a closed penal institution to a juvenile education house will be made as a result of an evaluation to be conducted at least every 3 months. The participation of experts such as psychologists, pedagogues, child development specialists, social workers, psychological counselors, guidance experts, teachers, and lawyers appointed by the Union of Turkish Bar Associations Child Rights Commission is foreseen for this evaluation.

The sentences of child convicts sentenced to a total of 3 years or less for intentional crimes, and a total of 5 years or less for negligent crimes, will be served directly in juvenile education houses. With the accepted motion of the AKP, the phrase "excluding terror crimes, crimes of establishing, managing, or being a member of an organization, and crimes committed within the scope of organizational activities" in this regulation was removed from the text.

The bill also adds a new article to the Law on Misdemeanors titled "Carrying knives for purposes other than intended." Accordingly, the sale and display of knives and cutting, piercing, or bruising tools will be prohibited, except in places licensed under relevant laws and workplaces licensed by regulation. The sale of such tools to those under 18, or their purchase or carrying by children, will also be within the scope of the prohibition.

Following the completion of the deliberations on the entirety of the second part of the bill, Deputy Speaker of the Parliament Pervin Buldan adjourned the session. After the break, as the commission did not take its place, the session was closed to reconvene at 14:00.