Critical issue in juvenile sentencing regulation: Debate over age-based sentence reductions for serious crimes in the 15-18 age group

It is stated that the AKP is persistent in its sentencing regulation regarding children and that the goal is to have the proposal enacted before Parliament goes into recess.

The regulation has drawn criticism from the opposition, particularly due to the sentencing regime that children in the 15-18 age group will face for serious crimes and the manner in which age-based sentence reductions are applied.

The proposal envisions amendments to the Child Protection Law. Accordingly, for individuals who have completed the age of 15 but have not yet completed the age of 18 at the time of the offense, prison sentences ranging from 19 to 27 years may be applied for crimes requiring aggravated life imprisonment; and prison sentences ranging from 15 to 18 years may be applied for crimes requiring life imprisonment.

The regulation also grants judges discretionary power for the crimes of intentional killing and injury resulting in death. In this context, it is stated that age-based sentence reductions may not be applied to children in the 15-18 age group, and that the sentencing regime of the older age group may be applied to children in the 12-15 age group.

The proposal also includes guidance measures in the nature of "security measures specific to children" for children who do not have criminal liability but are involved in the judicial process. This topic has also brought about a debate on how protection and rehabilitation mechanisms will be operated within the juvenile justice system.

OBJECTIONS FROM THE OPPOSITION

The DEM Party wants the sentences introduced for children between the ages of 15 and 18 to be withdrawn. The party opposes leaving the age-based sentence reduction to judicial discretion for certain crimes, the application of recidivism provisions to the 15-18 age group, the commencement of the execution of sentences for juvenile convicts in closed penal institutions, and the taking of children's statements by law enforcement units.

The CHP argues that issues such as the application of recidivism provisions for children up to the age of 15, the execution of sentences in closed penal institutions, and the removal of sentence reductions for certain crimes are contrary to the Constitution's provisions regarding the social state of law and the protection of children, as well as the United Nations Convention on the Rights of the Child.

The New Path Group (Yeni Yol Grubu) is also of the opinion that risk factors that drive children to crime, such as poverty, dropping out of education, social exclusion, domestic problems, addiction, neglect, and abuse, are not being discussed with sufficient depth.

In the same process, a separate 9-article legislative proposal signed by the AK Party and the MHP, which includes regulations for the families of martyrs and veterans, was also submitted to the Speaker of the Parliament. This proposal envisions increases in the pensions to be paid to the relatives of those who became disabled in the line of duty and in the additional payments made to veterans and disabled individuals in need of care.

News Source: 12punto