Parliament passes law increasing prison terms for minors
Parliament yesterday passed a bill amending the Child Protection Law and other legislation, increasing prison terms for some minors convicted of crimes and introducing new rules for juvenile detention and rehabilitation.
The law introduces new sentencing regimes for children aged between 12-14 and 15-17.
The legislation comes after months of public debates regarding what are described as "new-generation criminal organizations" that frequently utilize individuals under 18, particularly in major cities. These organizations widely use social media to spread propaganda and recruit new members.
New sentencing regime
Under the new law, children aged 12 to 14 can be held criminally responsible if they are found to be capable of understanding the legal meaning and consequences of their actions and controlling their behavior.
For those in this age group who meet that threshold, offenses punishable by aggravated life imprisonment will carry prison terms of 13 to 18 years. Offenses punishable by life imprisonment will carry terms of 10 to 12 years. Other sentences will be reduced by half, with prison terms capped at nine years for each offense.
CILDREN PUSHED INTO CRIME SPEAK OUT
'Everyone looks at us from the outside, they should see from the inside too'
Children aged 12 to 14 who cannot understand the legal consequences of their actions or whose ability to control their behavior is insufficiently developed will not bear criminal responsibility. Courts will instead be able to impose security measures specifically designed for children.
A separate sentencing regime will apply to minors aged 15 to 17. For offenses carrying aggravated life imprisonment, courts will impose prison terms of 19 to 27 years. Life sentences will be replaced with terms of 15 to 18 years.
Other sentences for minors in this age group will be reduced by one-third, with prison terms capped at 15 years for each offense.
The law also requires children aged 12 to 17 to be housed in separate sections of closed juvenile detention facilities based on their sex, physical development and the type of offense.
Another provision introduces prison sentences for people who allow children to gain access to firearms by failing to store them with due care. Unless the conduct constitutes another offense carrying a heavier sentence, the penalty will range from one to three years in prison.
‘There is no state inside prison, I saw people setting each other on fire’
'Root causes not addressed'
Speaking to bianet after the draft law was introduced, Seda Akço, a lawyer specializing in children's rights, said the legislation appeared to be aimed at meeting public demand rather than addressing the underlying conditions that contribute to juvenile delinquency:
"The demand of society is seemingly met by aggravating the sentence. Thus, the real issue is not discussed
"There is a young population that is neither in education nor at school. Some of them are of childhood age. What should we do to ensure their continuation in education? There are negative parental attitudes. What services must society offer to ensure that parents can provide adequate care? We need to look for the answers to these questions.
"One of the important reasons why aggravating sentences is adopted as a solution is that preventive policies cannot be implemented with a single legislative amendment and require much more comprehensive work.
"Dealing with root causes is not something that can be solved with a single law amendment. Making a legal regulation that increases sentences seems to be an easier way to fulfill public demand."
Juvenile education
The legislation also changes procedures for transferring juvenile prisoners from closed detention facilities to juvenile education facilities. Administrative and observation boards will review eligibility at least once every three months, with at least one specialist taking part in the assessment.
Eligible specialists include psychologists, pedagogues, child development experts, social workers, psychological counselors, guidance specialists, teachers and lawyers appointed by the Turkish Bar Association’s Children’s Rights Commission.
Official figures show increase in criminal incidents involving children in 2022
Juvenile prisoners who receive a negative assessment based on their conduct and behavior must be reassessed within six months.
The law will also replace the term “children driven to crime” in the Child Protection Law with “children in judicial proceedings.”
Courts will also be able to defer the announcement of a verdict for children in judicial proceedings without requiring compensation for damages when the harm suffered by the victim or the public as a result of the offense is minor. (VK)
