(TBMM) - AK Party Group Deputy Chairperson Leyla Şahin Usta gave information about the "Proposal Law on Amending the Child Protection Law and Some Laws" at the press conference she held in the GNAT. Usta stated that the proposal includes a regulation for children between the ages of 15 and 18 who commit the crimes of deliberate murder and aggravated wounding due to its consequences to be sentenced to life imprisonment or aggravated life imprisonment, at the discretion of the judge.
Prepared by the AK Party, the "Proposal Law on Amending the Child Protection Law and Some Laws" was submitted to the Presidency of the Grand National Assembly of Turkey. AK Party Group Deputy Chairperson Leyla Şahin Usta stated at the press conference she held in the Parliament that the proposal was prepared in line with the activities of the "Parliamentary Research Commission Established to Determine What Needs to Be Done to Ensure the Effective Participation of Children in Social Life by Examining All Dimensions of the Reasons That Lead Children to Crime and Developing Protective and Preventive Mechanisms".
Usta stated that the proposal consists of a total of 18 articles, including amendments to 7 different laws, and said that the regulation aims to prevent crime, increase deterrence, ensure public safety, strengthen execution justice and protect and rehabilitate children.
Emphasizing that it is necessary to fight juvenile delinquency more effectively and strengthen family responsibility, and to update the current system due to the increase in children's involvement in serious violence and their exploitation by criminal organizations, Usta said:
"With the regulation made in the second and third paragraphs of Article 31 of the Turkish Penal Code, the lower and upper limits of prison sentences are increased. The regulation provides that no sentence reductions will be applied at the discretion of the judge for children in the 15-18 age group who commit intentional murder and aggravated wounding due to its consequences, taking into account the severity of the intentional fault, the aim and motive, the way the crime was committed, and the fact that they were previously sentenced to prison for an intentional crime." "Thus, a regulation has been implemented for children between the ages of 15 and 18 to be sentenced to life imprisonment or aggravated life imprisonment at the judge's discretion. Again, in the case of children between the ages of 12 and 15 who commit intentional murder and aggravated injury due to its consequences, the judge is given the discretion to impose lesser sentence reductions."
By reducing the age limit for the application of recidivism provisions in the Turkish Penal Code from 18 to 15, it is aimed to prevent the use of children in the 15-18 age group in crime, especially by criminal organizations, and to provide deterrence. In the proposal, the lower and upper limits of the penalties for the crime of 'Violation of Obligations Arising from Family Law' in the Turkish Penal Code are increased, taking into account the fundamental role of the child in its development. "In case the child commits the crime of intentional murder and aggravated injury due to the violation of the obligation arising from family law, it is aimed to strengthen the responsibility of the family on the child by increasing the penalty to be given to the parents in accordance with this article from half to two times."
Usta stated that with the proposal, new regulations were made to increase the efficiency of the execution system and said:
"With the proposal, instead of executing the prison sentences of juvenile convicts directly in juvenile educational institutions, a regulation is made that allows the execution of juvenile convicts to be started in closed penal institutions and to be allocated to educational homes if they are determined to be of good behavior. Regulations regarding the sentences of juvenile convicts to be served directly in juvenile educational institutions and the separation of juvenile convicts from closed penal institutions to juvenile educational homes are included in our proposal."
In calculating the conditional release period for the crimes of deliberate murder, crimes against sexual immunity, the crime of manufacturing and trading drugs or stimulants, and the crime of forming an organization for the purpose of committing a crime, as regulated in the Turkish Penal Code, the practice of considering 1 day spent in the execution institution until the child turns 15 as 2 days will be abandoned and 1 day will be taken into account as 1 day. Thus, there will be no opportunity to benefit from sentence reduction, these provisions will only be fulfilled in terms of intentional murder crimes, crimes against sexual immunity, the crime of manufacturing and trading drugs or stimulants, and the crime of forming an organization for the purpose of committing a crime.
Referring to the regulations regarding the protection of public safety, Usta said, "A prison sentence of 1 to 3 years is imposed on the person who causes this weapon to be seized by a child by keeping his firearm contrary to the obligation of care and attention. With the proposal, a new article is added to the Misdemeanor Law. With the regulation, the sale of cutting, piercing and injuring tools to children, which are outside the scope of the Law on Firearms and Knives and Other Tools No. 6136, is prohibited. "Administrative sanctions are imposed for these acts by prohibiting the purchase and carrying of these weapons. In this way, it is aimed to protect children, reduce incidents of violence and protect public safety by preventing children from easily accessing dangerous weapons and tools," he said.
"The proposal strengthens the juvenile justice system with a holistic approach that prioritizes the protection, rehabilitation and reintegration of the child into society," said Usta, adding:
"In line with the child rights approach, by adopting the expression 'child in judicial process' instead of the phrase 'child dragged into crime' in the legislation, we aim to use a terminology that more strongly reflects the presumption of innocence and child-oriented approach for children for whom there is no final judicial decision. In addition to the protective and supportive measures in the form of shelter, education, health, consultancy and care for children who are not criminally responsible, social and community services measures, digital risks protection measures, book and library measures, environmental respect and environmental cleaning "New guidance measures are being introduced in the form of behavioral addiction measures against tobacco, nicotine, alcohol, gambling, drugs and stimulants. In this way, it is aimed to rehabilitate children without criminal liability more effectively and prepare them for social life."
We are establishing a mechanism between the hospital and the courthouse that allows rapid and effective decision-making so that children who pose a serious danger to themselves or others due to mental illness or addiction (alcohol, drugs, etc.) can access the treatment and protection services they need without delay. In case a public lawsuit is filed against the child, it is aimed to establish effective cooperation between the judicial process and education and social service mechanisms by ensuring that the relevant public institutions are included in the process in a timely manner. If it is decided to postpone the announcement of the verdict about children, it is possible to implement guidance measures that support education, social adaptation and rehabilitation during the probation process.
In order to use social investigation reports about children more effectively in the trial process, issuing an indictment against children under the age of 15 without having the social investigation report taken is among the reasons for the return of the indictment. If an indictment is being prepared against a child under the age of 15, a social investigation report must be prepared. Finally, inter-institutional coordination is being strengthened in order to effectively implement protective and supportive precautionary measures given for children; "Sanctions are envisaged to ensure that parents, guardians and caregivers act in accordance with these decisions."
Usta also said that they aim to have the proposal passed by the General Assembly by the end of the month.