Applying the law to children and young people is a specialist area of law, so it is important to get legal advice from experienced youth crime lawyers / Attorneys / solicitors at the earliest opportunity. There are special procedures in place for young people who are suspected of a crime and we understand that the criminal justice process can be confusing, intimidating and frightening for a young person. We also recognise that it can be an extremely distressing and unsettling time for parents and guardians too. 

Violence

Violence is intentional injuries caused by an aggressor, or person with the intention to hurt or kill another person, or group of people, by using excessive physical force. Violence can include such acts as physical force, and violence involving motor vehicles, weapons or firearms, among other causes.

When one person attacks another, and an injury occurs, Turkish Criminal Justice System views the event as a violent crime. By definition, such crimes inflict physical harms on the victims. But the important social consequences of these attacks go well beyond the immediate trauma to the victim. The victim suffers psychological damage as well as physical pain. Others in the society may be frightened by the experience of the victim and become concerned that they, too, are vulnerable.

Common sense dictates that such attacks are morally wrong as well as simply harmful, and that those who commit such offenses should be held accountable for their misconduct.

Intentional Injuries 

Intentional injuries are injuries that occur out of harmful intent, whether the intent arises from the individual harmed (such as self-harm or suicide), or whether the intent arises from another person toward the individual harmed (such is the case for injuries caused by violence, such as physical or sexual assault, or homicide, in the event the individual harmed dies of the injuries).

Intentional injuries differentiate from unintentional injuries or accidents.

Unintentional injuries

Unintentional injuries are those injuries that are not inflicted purposely and that occur without intent of harm. These unplanned events can include falls, motor vehicle crashes, and poisoning. Unintentional injuries are a serious public health threat.

Accidents

Accidents are predictable and preventable. Accidents, include, but are not limited to, the following most common examples:

• Slips, Trips & Falls (on same level and from heights)
• Poisonings (chemical, pharmaceutical, or drug related)
• Drownings
• Struck By / Blunt Force Trauma injuries (often associated with motor vehicle accidents)
• Caught in / between & Pinch Point injuries (this can include between stationary and rotating objects or machines)
• Cuts and Lacerations (contact with sharp objects)
• Overexertion & Ergonomic injuries (lifting, bending, twisting, or using excessive force to move objects)
• Electrical contact (shock, electrocutions)
• Explosions
• Extreme sport accidents.

Meaning of Youth Violence

“Youth violence” is a term describing violent acts involving children, adolescents, and young adults between the ages of 12 to 21 years old. A young person can be the victim, perpetrator, or both of youth violence.

Youth violence includes a range of acts from bullying, slapping, hair-pulling and physical fighting, to more severe hitting someone with an object, punching and physical assault to homicide. These acts may be against another teenager or an adult.

Cyberbullying

With the increase in technology, cyberbullying is unfortunately becoming more common, especially among school age children. Cyberbullying refers to a situation where a person uses technology to threaten, intimidate, harm or harass another person.

Cyberbullying generally occurs through interactions over cell phones (texting, photo sharing, other apps), social media platforms or other interactive Internet sites. The behavior is usually repetitive, persistent and damaging to the victim.

Some common examples of cyberbullying are;                                                                                  

• Spreading rumors or lies,
• Sharing naked pictures of someone without their consent,
• Threatening to hurt someone; and
• Stalking

The age of criminal responsibility in Turkey

The age of criminal responsibility in Turkey is 12 years old. Minors under the age of twelve are exempt from criminal liability. This means that children under 12 cannot be arrested or charged with a crime. Children under 12 who come to the attention of the police or public prosecutor may be asked to attend a ‘safeguarding interview’ following consultation between the police and social services. The interview is designed to provide ‘words of advice’ to the parent and child regarding the child’s future conduct. While such minors cannot be prosecuted, security measures in respect of minors may be imposed.

Young people aged 18 are treated as adults by the criminal law. If your child turns 18 during criminal investigation by the police or criminal proceedings before the public prosecutor pf the court, the legal status of your child does not change since your child was under 18 at the time he / she committed an offence.

Minor at the age of 12 to 15

Where a minor is older than twelve, but younger than fifteen, at the time of an offence, and he is either incapable of appreciating the legal meaning and consequences of his act or his capability to control his behaviour is underdeveloped then he is exempt from criminal liability. However, such minors may be subject to security measures specific to children.

Where the minor at the age of 12 to 15 has the capability to comprehend the legal meaning and result of the act and to control his behaviours in respective of his act, for offences requiring a penalty of aggravated life imprisonment, a term of twelve to fifteen years of imprisonment shall be imposed and for offences that require a penalty of life imprisonment, a term of nine to eleven years imprisonment is imposed. Otherwise, the penalty to be imposed is reduced by half, save for the fact that for each act such penalty may not exceed seven years.

Minor at the age of 15 to 18

Where a minor is older than fifteen but younger than eighteen years at the time of the offence then for crimes that require a penalty of aggravated life imprisonment a term of eighteen to twenty four years of imprisonment is imposed and for offences that require a penalty of life imprisonment twelve to fifteen years of imprisonment is imposed. Otherwise the penalty to be imposed is reduced by one-third, save for the fact that the penalty for each act may not exceed twelve years.

Intentional Injury

Any person who intentionally causes another person physical pain or who impairs another person’s health, or ability to perceive, is sentenced to a penalty of imprisonment for a term of one to three years.

Where the effect of an intentional injury upon a person is minor and can be cured by a simple medical treatment then, upon the complaint of the victim, a penalty of imprisonment for a term of four months to one year, or a judicial fine is imposed.

Where an intentional injury is committed;

• against a direct antecedent, direct descendent, spouse or sibling,
• against a person who cannot defend himself physically or mentally,
• against a person because of his duties as a public officer,
• on account of a public officer misusing his influence; or
• by using a weapon,

the penalty to be given is increased by one half and does not require a complaint.

 Aggravated Injury

If the act of intentional injury results in;

• the permanent impairment of the functioning of any one of the senses or organs of the victim,
• a permanent speech defect,
• a distinct and permanent scar on the face,
• a situation which endangers a person’s life; or
• the premature birth of a child, where the victim is a pregnant women,

then the penalty to be determined according to the intentional injury provisions is doubled.

If the act of intentional injury results in;

• An incurable illness or causes a vegetative state in the victim,
• The complete loss of functioning of one of the senses or organs,
• The loss of the ability to speak or the loss of fertility,
• A permanent disfigurement to the face,
• The loss of an unborn child, where the victim is a pregnant woman,

then the penalty to be determined according to the intentional injury provisions is doubled.

Where the intentional injury results in the fracture or dislocation of a bone, the penalty to be imposed according the intentional injury provisions is increased by one half according to the effect of the fractured or dislocated bone on his ability to function in life.

Where the intentional injury results in the death of a person, the offender is sentenced to a penalty of imprisonment for a term of eight to twelve years for some and twelve to sixteen years for some other offences.

Types of Injury

Injury is divided into two categories in Turkish Law as “minor injury” and “serious injury”. Minor injury means that an injury can be cured by a simple medical treatment. In case of minor injury, criminal investigation may only be started by the public authorities (the public prosecutor and the police) upon the complaint of the victim.

Mandatory Medical Examination

According to Turkish law when the detainee releases from the police custody, a medical examination of the suspect is required in order to prove that three is no torture or ill treatment at the police station. There is a separate medical examination process for victims of violent offences.

Unjust Provocation

 Any person who commits an offence in a state of anger or severe distress caused by an unjust act is sentenced to a penalty of imprisonment for a term of eighteen to twenty four years, where the offence committed requires a penalty of aggravated life imprisonment and to a penalty of imprisonment for a term of twelve to eighteen years where the offence committed requires a penalty of life imprisonment. Otherwise the penalty to be imposed is reduced by one-quarter to three- quarters.

Teenagers often act more impulsively and irrationally than adults. This can lead to a teenager acting violent to the point where they are arrested for and charged with a crime, which can then ruin their life before it even really began. If you or a family member is facing a criminal charge as a result of youth violence, contact our specialist criminal lawyers / attorneys / solicitors representing young people. Our lawyers will be able to advise you as to the strengths and weakness of your case, and help you chose the best course of action.

© Attorney Professor Dr. Vahit Bıçak