A GENERAL ASSESSMENT OF JUVENILE COURTS IN LINE WITH THE PRINCIPLE OF ULTIMATE CARE

Abstract

Author(s): Baha Can KAYA

In the sub-clause of Article 4 regulating the "Basic Principles" of the Child Protection Law No. 5395; It has been accepted that the Juvenile Courts apply to prison sentences with measures restricting freedom for children as the last resort principle. In the 2nd and 3rd paragraphs of the 31st article regulating the "Minority" of the Turkish Penal Code numbered 5237; It has been regulated that children who have completed the age of twelve at the time of committing an unlawful act and who have the ability to perceive the legal meaning and consequences of the act and at the same time have the ability to direct their behavior in relation to this act, can only be subject to penal sanctions through reduction. Apart from the legal status of the child, considering even the special situation related to his / her private existence; It is also undisputed with reference to the relevant regulation of the Child Protection Law, that sanctions that restrict freedom should be used as the principle of last resort; It is inevitable for children to face legal sanctions that cannot be compensated by the juvenile courts as a result of concrete cases, because paragraphs 2 and 3 of article 31 of the Turkish Penal Code conflict with this principle. However, in the 1st article titled "Purpose" of the Child Protection Law, the purpose of the Law; It was stated that the protection of children in need of protection or who were driven to crime is to ensure their rights and well-being.

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