First two articles of the bill regarding children dragged into crime accepted in the Grand National Assembly of Turkey
While the bill provides for prison sentences for those who cause children to gain access to weapons, the provision regarding the age exception for recidivism was removed from the text.
12punto
The first two articles of the Bill on Amendments to the Child Protection Law and Certain Other Laws, which contains provisions regarding children dragged into crime, were accepted in the Grand National Assembly of Turkey (TBMM) General Assembly.
During the deliberations, the provision that envisaged lowering the age exception from 18 to 15 in the application of recidivism provisions in the Turkish Penal Code was removed from the bill text with an accepted motion.
REGULATIONS ACCEPTED IN THE BILL
According to the accepted articles, a new provision will be added to the Law on Firearms, Knives, and Other Instruments. Accordingly, a person who causes a child to gain access to a firearm by storing it in a manner contrary to the duty of care and diligence will be sentenced to imprisonment from 1 year to 3 years, provided that the act does not constitute another crime requiring a heavier penalty.
With the amendment made to the Turkish Penal Code, the provisions regarding the criminal liability of children who have completed the age of 12 but have not completed the age of 15 at the time of committing the act are being reorganized. If children in this age group are unable to perceive the legal meaning and consequences of the act or if their ability to direct their behavior has not developed sufficiently, they will not have criminal liability; however, security measures specific to children will be applied.
In the event that it is determined that they possess the ability to perceive and direct their behavior in the same age group, a prison sentence of 13 to 18 years may be imposed for crimes requiring aggravated life imprisonment, and 10 to 12 years for crimes requiring life imprisonment. For other penalties, a reduction of half will be applied, and the prison sentence for each act cannot exceed 9 years.
For individuals who have completed the age of 15 but have not completed the age of 18 at the time of committing the act, a prison sentence of 19 to 27 years is envisaged for crimes requiring aggravated life imprisonment, and 15 to 18 years for crimes requiring life imprisonment. Other penalties will be reduced by one-third, and in this context, the prison sentence to be given for each act cannot exceed 15 years.
With another motion accepted in the General Assembly, it was made possible for the age reduction not to be applied for children in the 15-18 age group in some serious crimes within the scope of intentional injury resulting in death or serious injury. In the regulation, criteria such as the weight of the intentional fault, the purpose and motive, the manner in which the crime was committed, and whether a prison sentence for an intentional crime had been received previously will be taken into account.
Additionally, judges are given discretionary power regarding the application of the penalty regime of the older age group to children in the 12-15 age group in certain situations.
RECIDIVISM ARTICLE REMOVED FROM THE TEXT
Article 3, which was included within the scope of the provision titled "Recidivism in crime and specially dangerous criminals" of the bill and envisaged lowering the age exception in the application of recidivism provisions from 18 to 15, was removed from the bill with an accepted motion.
During the deliberations of the 4th article of the bill, TBMM Deputy Speaker Tekin Bingöl adjourned the session. After the break, as the commission did not take its place, Bingöl closed the session to reconvene at 14:00.
Answering the questions of members of parliament during the deliberations, TBMM Justice Commission Chairman and AKP İstanbul Deputy Cüneyt Yüksel explained the goals of the regulation regarding the child justice system.
The regulation does not increase the sentence imposed by the court; it only changes the calculation method of the conditional release period for a limited number of serious crimes. Thus, it is aimed to implement the education, supervision, and rehabilitation activities necessary for the reform of the child and their reintegration into society for a sufficient period.
Yüksel stated that the bill aims to prevent the formation of a "perception of impunity" in the child justice system and to prevent children from becoming more vulnerable to the influence of criminal organizations.