This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Suça Sürüklenen Çocuk: Yaş Grupları ve Özel Usul.
There are three age groups for criminal responsibility: children who have not completed twelve bear no responsibility; between twelve and fifteen the capacity to appreciate is examined; between fifteen and eighteen there is responsibility but the sentence is reduced (Article 31 of the Criminal Code). In every case, protective and supportive measures may be applied under the Child Protection Act (Act no. 5395).
Criminal responsibility for children rests on a fundamentally different regime. The aim is not punishment but protecting the child and returning them to society.
This article sets out responsibility by age group, how the children's courts work, and the protective measures available.
Responsibility by Age
Article 31 divides criminal responsibility into three age groups.
Under 12. A child who had not completed twelve at the time of the act bears no criminal responsibility. No prosecution may be brought against them, though security measures specific to children may be applied.
12 to 15. Where a child had completed twelve but not fifteen at the time of the act, and was unable to appreciate the legal meaning and consequences of the act, or their capacity to direct their conduct was insufficiently developed, there is no criminal responsibility; a security measure is applied.
Where those capacities were sufficiently developed, the sentence is reduced substantially.
15 to 18. For a person who had completed fifteen but not eighteen at the time of the act, the sentence is reduced, though by less than for the 12–15 group.
Age is determined at the date of the act; reaching majority during the proceedings does not change the position.
| Age | Responsibility | Result |
|---|---|---|
| 0–12 | None | No sentence; a security measure may be applied |
| 12–15 | Depends on the capacity to appreciate | Without that capacity, no sentence; with it, a substantial reduction |
| 15–18 | Yes | Sentence imposed with a reduction |
| 18 and over | Full | The general provisions |
Deferral of the pronouncement of judgment and alternative sanctions are applied more widely to children; the trial takes place in the children's courts and, as a rule, in private.
How the Capacity to Appreciate Is Assessed
For the 12–15 group, everything turns on the child's capacity to appreciate what they were doing and to direct their conduct.
That assessment is made through expert reports, obtained from the Forensic Medicine Institute or a fully equipped hospital, and supported by the social investigation report.
What is weighed: the child's level of education, family structure, environment, stage of development, and the nature of the act.
So it matters that the documents about the child's development — school records, guidance service reports, health records — are put before the court.
The Measures Available
The Child Protection Act (no. 5395) governs the protection of children in need of protection and children drawn into crime.
Protective and supportive measures (Art. 5): measures of counselling, education, care, health and shelter, aimed first at protecting the child within their own family.
They may be ordered by the children's judge on the application of the child's parents, guardian or carer, of the social services authority or of the prosecutor, or of the judge's own motion.
The Act also contains special provisions on applying deferral of the decision to prosecute and deferral of the pronouncement of judgment to children, where the child's interests require it.
Detention on remand is a measure of last resort for children, and measures of judicial control take priority.
How the Trial Works
The court: the children's courts, and for the most serious offences the children's assize courts. Where those courts do not exist, a court designated to sit in that capacity hears the case.
Mandatory defence counsel: under Article 150 of the Code of Criminal Procedure, where the suspect or defendant is a child, counsel is appointed without any request being needed.
The social investigation report (Act no. 5395, Art. 35): a social worker prepares a report on the child's family environment, social circumstances, education and physical and psychological development. It is among the principal documents the court relies on.
The hearing: trials of children are held in private, and judgment is pronounced in private. The child's identity and the file are kept confidential, and reporting is prohibited.
Separation: children taken into custody are held apart from adults, and handcuffs and similar devices are as a rule not used.
Settlement also has a wider scope for children than for adults: the statutory threshold by reference to the maximum sentence is applied more inclusively.
What the Family Should Do
- Ask for defence counsel. If you cannot pay, an appointment is requested from the bar association — and for children it is mandatory in any event.
- Do not allow a statement to be taken without counsel present.
- Collect the school and health records. They matter for the social investigation report and the assessment of capacity.
- Take part in the social investigation. Give the officer accurate and complete information about the home.
- Consider the offer of settlement. Making good the victim's loss opens the way to both settlement and effective remorse.
- Respect the confidentiality rules. Avoid anything that discloses the child's identity.
Finally: decisions concerning children are subject to special rules on criminal records, and records from childhood are kept in a separate system.
Where the suspect or defendant is a child, counsel is appointed without any request — it is mandatory and paid for by the State. The social investigation report is one of the foundations of the decision, so put the school, health and guidance records before the court.
Frequently Asked Questions
At what age does criminal responsibility begin?
A child who had not completed twelve at the time of the act bears no responsibility. Between twelve and fifteen it depends on the capacity to appreciate; between fifteen and eighteen there is responsibility with a reduced sentence.
How is the capacity to appreciate assessed?
Through expert reports from the Forensic Medicine Institute or a fully equipped hospital, supported by the social investigation report, weighing the child's education, family, environment and development.
Does my child need a lawyer?
Counsel is appointed for a child without any request being needed, and the State pays. Never allow a statement to be taken without counsel present.
Are children's hearings public?
No. They are held in private, judgment is pronounced in private, the child's identity and file are confidential and reporting is prohibited.
Can a child be detained on remand?
Only as a last resort. Measures of judicial control take priority, and protective and supportive measures under Act no. 5395 are applied first.