مرکز منطقه ای اطلاع رساني علوم و فناوري - Child in Criminal Legistation Andchildren’s Apprehension, Detention

Abstract :

In international treaties and in our law children are accepted as people who are under the age of 18. Within this framework; the concept of ‘child’ takes place in the Turkish Penal Code, in the Criminal Procedure Code and in the Child Protection Code. Implying being a child in which timeframe should be considered differently in terms of each code. The time of committing the act is important in an establishment of Criminal Law, and taking legal action is important in Criminal Procedure Law. Debates and challenges in regulations within this scope are stated in our study. Other defined issue is children being apprehended and detaining them. 19th article of apprehending, detaining and questioning regulation constitutes the essential regulation. The 19th article has brought different determinations for children younger or older than the age of twelve. In this study how the re-gulations brought about, how they should be interpreted related to children younger than the age of twelve, which legal actions can be taken will be expressed, whether if it is possible to detain or to arrest for the purpose of identification will be presented. And what procedures required for children over the age of twelve will be stated.