Crime is a social problem. Juvenile delinquency is an integral part of this problem. Because children are the most important elements that will determine and organize the future of humanity. It should not be forgotten that a society which lost their youth can’t have a future.
“The way we treat children is an important test of whether we do live in a civilized society.” (The Times Nov. 16 1999)
Differences in children’s perception and evaluation of events compared to adults, negative contribution of society in juvenile delinquency, private substantive law rules different from those applied to adults, special reasoning rules, and creation of special courts to enforce these rules led to formation of “juvenile criminal law”.
Child driven to crime: A child who has been investigated or prosecuted for allegedly committing an act defined as a crime in the laws, or for whom a security measure has been issued for.
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A) United Nations Standard Minimum Rules for The Administration of Juvenile Justice (“The Beijing Rules”)
“These broad fundamental perspectives refer to comprehensive social policy in general and aim at promoting juvenile welfare to the greatest possible extent, which will minimize the necessity of intervention by the juvenile justice system, and in turn, will reduce the harm that may be caused by any intervention. Such care measures for the young, before the onset of delinquency, are basic policy requisites designed to obviate the need for the application of the Rules.” (Adopted by General Assembly resolution 40/33 of 29 November 1985)
In accordance with these rules, various regulations have also been made in the Turkish Constitutional System and they are mentioned in the following section.
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B) Juvenile and Criminal Liability in The Turkish Criminal Law System
In accordance with the above definition; in the Child Protection Law, regulations have been made to ensure that children driven into crime are reintegrated into society rather than punished crime. For example, there are regulations to be followed while taking statements from children. As holding advocate even if there isn’t a declaration of intention of it. Or as “Main hearing related to the accused who has not attained the age of 18 shall be conducted closed to the public; the judgement shall be announced in a closed session as well.” (According to Law of Criminal Procedure article no:185)
B.1) Here are a few articles about the topic from Turkish Panel Code;
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Article No: 31 Minority
(1) “The children having not attained the full age of twelve on the commission date of the offence, may not have criminal responsibility. Besides no criminal prosecution may be commenced against such persons; but , it may be deemed necessary to take certain security precautions specific to children.”
(2) “In case a person who attained the age of twelve but nor yet completed the age of fifteen on the commission date of the offence does not have to ability to perceive the legal meaning and consequences of the offense, or to control his actions, he may not have criminal responsibility for such behavior. However, security precautions specific to children may be adopted for such individuals. If a person has the ability to apprehend the offense he has committed or to control his actions relating to this offense, then such person may be sentenced to imprisonment; from seven years to nine years if the offense requires life imprisonment. Two thirds of other punishments are abated and in this case, the imprisonment to be imposed for each offense may not be more than six years.”
(3) “A person who attained the full age of fifteen but not yet completed the age of eighteen on the commission date of the offense is sentenced to imprisonment from fourteen years to twenty years if the offense requires heavy life imprisonment; and from nine years to twelve years if the offense requires life imprisonment. One half of the other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than eight years.”
B.2) A few articles from Child/Juvenile Protection Law;
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Article 1- (1) “The purpose of this law to regulate the procedures and priciples with regard to protecting juveniles who are in need of protection or who are pushed to crime, and ensuring their rights and wellbeing.”
Protective and Supportive Measures
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Article 5- (1) “Protective and supportive measures are measures a to be taken in terms of consulting,education, care, health and shelter, for the purpose of protecting the juvenile within his/her own family environment before all else.
These measures are as follows:
a)Consultancy measure, is a measure oriented to providing guidance on child rearing to those who are responsible for the care of the juvenile, and guidance to juveniles on solving problems related to their education and development;
b) Education/training measure, is a measure oriented to ensure that the juvenile attends an education institution as a day-student or boarding student, attends a vocational training course or arts & crafts course, or is deployed with a master of profession or at a workplace belonging to the public or private sector for the purpose of acquiring a job or a profession,
c) Care measure, is a measure to make governmental or private care centre services or foster family services available for the juvenile or place the juvenile under the care of such institutions in the event that the person responsible for the care of the juvenile fails to fulfil his/her care duties due to any reason,
d) Health measure, is a measure to ensure necessary temporary or continuous medical care and rehabilitation for treatment and protection of the juvenile’s physical and physiological health, and treatment and therapy for juveniles who use addictive substances.”
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C) Factors Affecting Juvenile Delinquency
The prerequisite for preventing children from being driven into crime is to identify the reasons leading children to crime. Children can tend to unhealthy environments and may be involved in crime due to difficulties in adapting to social and legal norms. Besides individal or hereditary factors, environmental and family characteristics are the main factors drifting a child into crime. (Journal of Children’s Health and Diseases 2016; 59:31)
Problematic individuals who live below their living standards due to economic, social and family reasons become involved in society.
The data of 2019 TURKSTAT are as follows:
“The number of incidents involving children who came or were brought to the security units in 2019 was 511 thousand 247. In these incidents, 46.1 percent of the children were victims, 32.9 percent of them allegedly committed an act defined as a crime in the laws (drift into crime), 15 percent. For the purpose of referring to the information of 1, it was determined that 3.4 percent went to the security units due to loss (about whom a loss was filed and found later), and 2.5 percent due to other reasons other than these. “
C.1) Individual Characteristics
Risky behavior begins in the adolescence period of children. Drug use, which is accepted as one of these behaviors, may cause them to commit violent behavior or suicide. The impact of such risky behaviors in dragging children into crime, has been the subject of study many research institutions like TURKSTAT.
C.2) Family and Social Environment Reasons
The family is not only a place where needs are met, but also an important institution where values and beliefs are passed on to future generations. The sociocultural status of the family determines the sociocultural status of the society. Parents play an important role in creating a model for the child and the child’s mingling with society. In this process, the child; develops his personality through identification, taking example, reinforcement and learning. (Cole B. Chipaca A. Juvenile delinquency in Angola. Criminal Crim Justice 2014; 14: 61-76)
In a study conducted by including 8587 children driven to crime in the USA; Familial risk factors such as divorced parents, exposure to domestic violence, poverty, low education level and presence of mental disorder in the family were reported to be high in these children.
Other surveys had shown that children of criminal parents tended to become criminally minded, even if their mothers had had them adopted soon after birth. Similar to the above study, a study conducted in the USA involving adopted children showed that those with criminal parents were more likely to commit crime in later years than those who were adopted from non-criminal parents.
“Heredity played more important part than many people were prepared to admit. The genetic factor was strong in determining criminality and ‘There is a strong relationship between criminality and personality.’.”
(Professor H. J. Eysenck, Professor of Psychology at London University, at Crime Writers International Congress)
Familial factors that are seen to be so important in the child’s tendency to crime should be taken into account when rehabilitating children who are dragged to crime, and education programsfor families and / or projects to increase the social structure of the family should be organized.
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Conclusion
From the trial of the child dragged into crime to the execution of the decisions made after the trial, it is of great importance to prevent juvenile delinquency and to reintegrate the children pushed into crime into the society.
To prevent children turning to crime solutions are very important and it is a social duty. However, for the social reintegration of children driven into crime, providing functionality to the regulations in the laws is as important as preventing.
As a result, there is a need for a system that will support the transition of a child who has committed a crime to social and economic life, provide consultancy on the awareness and use of social rights, and help them benefit from social, sportive and cultural activities.
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Bibliography
- TURKSTAT 2019 Juvenile Delinquency Datas
- Bülbül, Selda/ Doğan, Sevgi (2016) “Suça Sürüklenen Çocukların Durumu ve Çözüm Önerileri” Çocuk Sağlığı ve Hastalıkları Dergisi (2016; 59:31-36)
- Ademoğlu, İsmail (2008) “Suçlu da Olsa O Bir Çocuk” European Union Education and Youth Project
- Turkish Panel Code (TCK)
- Child Protection Law (ÇKK)
- Law of Criminal Prosedure (CMK)
- United Nations Standard Minumum Rules For The Administration of Juvenile Justice (The Beijing Rules)
- The Times Newspaper (Nov.16-1999)
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