Bertan
Jul 15, 2026
"Regulations concerning Juveniles Driven into Crime (SSÇ) during the preparation and legislative process of the 12th Judicial Package are among the most debated, frequently amended, and closely monitored topics by the public."
Metninizin hukuki terminolojiye uygun, profesyonel ve akıcı İngilizce çevirisi şu şekildedir:
Provisions regarding Children Driven to Crime (SSÇ) during the drafting and legislative process of the 12th Judicial Package stand out as one of the most publicly debated, frequently modified, and closely monitored topics.
Considering the processes of the Grand National Assembly of Turkey (TBMM) Justice Commission and the preparation phases, the current status and legal debates regarding children driven to crime are as follows:
1. Debates on the Definition of "Child Driven to Crime" and the Age Limit
During the preparation phase of the package, radical changes were brought to the agenda by the Ministry of Justice and relevant commissions to combat juvenile delinquency:
Allegations of Terminology Change: Instead of the phrase "child driven to crime," which is used in current juvenile criminal law and emphasizes the social/environmental factors pushing a child into crime, switching to the concept of "offender child" (juvenile offender)—a term evoking a directly punitive approach—was opened to debate.
Age of Criminal Responsibility: By referencing examples from certain European countries where the criminal age is lower, preparations were made to lower the age of criminal responsibility or loosen its definition for children driven to crime, as well as to increase sentences for severe crimes.
2. Parliamentary Process and Current Status
Following the backlash from child rights advocates and legal experts, significant developments occurred in the final proposal text submitted to the Speaker's Office of the TBMM and approved by the Justice Commission in mid-2026:
Provisions Excluded from the Package: Aggravated sentences and certain regulations on children driven to crime, which were criticized by the public for paving the way for children to receive harsher punishments, were excluded from the final text of the 12th Judicial Package as a result of revisions.
Preservation of the Protective Approach: At the current stage, it has been decided to preserve the principles of "protective and supportive measures" and "the best interests of the child," which are the cornerstones of the juvenile justice system.
3. Current Legal Status (System in Force)
Since the Judicial Package did not introduce a radical aggravation in the limits of criminal responsibility for children driven to crime, the existing system continues to be implemented as is:
Age Group 0 - 12: There is absolute criminal irresponsibility. Criminal prosecution cannot be conducted; only protective and supportive measures specific to children can be applied.
Age Group 12 - 15: The capacity to discern the legal meaning and consequences of the committed act (discernment/capacity for criminal responsibility) is investigated. If the capacity to discern is present, the trial is conducted by applying a reduction in sentence.
Age Group 15 - 18: They have full criminal responsibility; however, statutory reductions in sentences are applied due to their minor status.