In Turkish law, those under the age of 18 are considered "children" and their criminal responsibilities are graded according to age. The juvenile court serves for child offenders in drug cases.
TCK Article 31 — Age Categories
- 0-12 years: There is nocriminal liability. Only security measures can be applied.
- 12-15 years of age: If the person can understand the legal meaning and consequences of the act, there is criminal liability; but the penalty is significantly reduced + security measures.
- 15-18 years: There is criminal liability; The penalty is reduced by 2/3.
Children's Court (Law No. 5395)
Within the framework of the Child Protection Law (5395):
- Juvenile court and juvenile high criminal court.
- Judges and prosecutors are trained in juvenile law.
- Pedagogue / social worker report is mandatory (Art. 35).
- Closed hearing; media ban; concealment of identity.
- A child advocate is compulsorily assigned.
Social Investigation Report (SIR)
An expert report examining the child's family structure, education-employment status, social environment, mental health and substance use profile; It is decisive in determining the punishment and security measures.
Security Precautions
- Advisory measure (5395 art.5/a).
- Educational measure (art.5/b).
- Maintenance measure (art.5/c).
- Health measure — AMATEM/ÇEMATEM treatment, especially in drug cases (Art.5/d).
- Housing measure (art.5/e).
Art.191 and Child
In the act of possession for use by a child between the ages of 15-18:
- 2/3 discount on the penalty.
- Usually decision of non-prosecution + ÇEMATEM treatment + counseling.
- Record protection (special provisions of the Child Protection Law).
Art.188 and Child Offender
High prison sentences are on the agenda even after a 2/3 reduction for the trade/manufacturing act of a child between the ages of 15-18. In cases where the child is used by an adult, TCK Article 188/6 aggravation is applied to the adult; The child's penalty is calculated based on the discount.
Supreme Court 10th CD — Principle
10. CD emphasizes that "social investigation report", "AMATEM-ÇEMATEM opinion" and "age determination" should be carried out meticulously in child drug cases, and that the perspective of reintegration into society should be adopted, not just sentence reduction.
Practical Advice for the Family
Children's files are located at the intersection of criminal and family/social service law. Child law and criminal defense attorney is recommended.