Juvenile Criminal Defense in Istanbul – Atty. Ozan Soylu

Turkish law recognizes that children require special consideration in criminal proceedings. The juvenile justice system balances accountability with rehabilitation, acknowledging developmental differences between minors and adults. Procedures, penalties, and objectives differ substantially from adult criminal cases, prioritizing the child’s best interests and future reintegration into society.

Age-Based Criminal Responsibility

Turkish Penal Code establishes three age categories for criminal responsibility. Children under twelve years old cannot be held criminally responsible regardless of offense severity. The system treats their actions as social problems requiring protective measures rather than punishment.

Children between twelve and fifteen have limited criminal responsibility. Courts impose reduced sentences, typically one-third to one-half of adult penalties. The focus remains on education and rehabilitation rather than punishment.

Juveniles aged fifteen to eighteen face modified adult responsibility. Sentence reductions apply but are less substantial than for younger children. Courts consider maturity levels and circumstances when determining appropriate responses.

Juvenile Court System

Specialized juvenile courts handle cases involving minor defendants. These courts employ judges trained in child development and juvenile justice principles. Informal atmosphere distinguishes juvenile proceedings from adult courts.

Hearings occur in closed sessions protecting juvenile privacy. Public and media access is restricted to shield children from stigma and publicity. Case records remain confidential with limited disclosure even after reaching adulthood.

Parents or guardians must be notified and allowed to participate in proceedings. Their presence provides support while ensuring they understand the situation and can assist in rehabilitation efforts.

Special Procedural Protections

Juveniles receive enhanced procedural rights beyond adult protections. Mandatory legal representation applies in all juvenile cases regardless of offense severity. Courts appoint attorneys when families cannot afford private counsel.

Interrogations require special precautions. Police must use age-appropriate language and avoid intimidation tactics. Parents or guardians should be present during questioning unless their presence would harm the investigation.

Statements made without proper safeguards face stricter exclusion than in adult cases. Courts scrutinize whether juveniles understood their rights and whether questioning methods were appropriate for their age and development.

Detention of Juveniles

Pre-trial detention of minors follows more restrictive criteria than adult cases. Courts exhaust alternatives before ordering juvenile detention. Flight risk and danger assessments consider age-appropriate factors.

When detention proves necessary, juveniles remain separated from adult inmates. Specialized juvenile detention facilities provide educational programs and psychological support. Conditions emphasize rehabilitation over punishment.

Maximum detention periods are shorter for juveniles than adults. Courts frequently review detention necessity, and release becomes mandatory when time limits expire.

Educational and Rehabilitation Focus

Juvenile sentences prioritize reformation over retribution. Educational measures including mandatory school attendance, vocational training, and counseling often accompany or replace traditional punishment.

Community service orders teach responsibility while avoiding incarceration’s negative impacts. Juveniles work in supervised settings appropriate for their age and abilities.

Probation with special conditions allows monitoring while keeping juveniles in their communities. Regular check-ins with youth officers, psychological counseling, and family therapy support positive development.

Sentencing Alternatives

Courts can suspend sentences more readily for juveniles than adults. Suspended sentences with probationary periods give second chances while maintaining accountability.

Diversion programs redirect cases from formal prosecution to rehabilitation services. First-time offenders committing minor offenses may avoid criminal records entirely through successful program completion.

Institutional placement occurs only for serious offenses or repeat violations. Even then, facilities emphasize education and skills development preparing juveniles for productive adult lives.

Parental Involvement and Responsibility

Parents face obligations to participate in juvenile justice processes. Courts may order parental counseling or family therapy addressing underlying issues contributing to delinquent behavior.

Parental supervision orders require parents to ensure compliance with court conditions. Financial responsibility for restitution sometimes falls on parents when juveniles lack resources.

Records and Expungement

Juvenile records receive special confidentiality protection. These records typically seal automatically when individuals reach adulthood, preventing future impact on employment or education.

Expungement procedures allow complete record erasure for minor offenses. Successfully rehabilitated young adults can petition for expungement, removing any public trace of juvenile involvement in the justice system.

Special Considerations for Foreign Juveniles

International juveniles face additional challenges including language barriers and unfamiliar legal systems. Courts must provide interpreters and ensure understanding of proceedings.

Consular notification requirements apply when foreign minors face criminal charges. Embassy or consular officials can provide support and assist in coordinating with families abroad.

Immigration consequences of juvenile convictions affect foreign nationals differently than Turkish citizens. Defense attorneys must consider deportation risks when advising international juvenile clients.

Psychological Evaluations

Courts frequently order psychological assessments evaluating juvenile defendants’ mental health, developmental level, and rehabilitation prospects. Expert reports inform sentencing decisions and treatment planning.

These evaluations identify learning disabilities, mental health conditions, or trauma affecting behavior. Appropriate interventions address root causes rather than merely punishing symptoms.

School Involvement

Educational institutions play roles in juvenile justice cases. Schools may provide character information, attendance records, and behavioral assessments informing court decisions.

Courts can order school-based interventions ensuring juveniles remain engaged in education during legal proceedings. Coordination between schools and courts supports rehabilitation goals.

 

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Work With Experienced Legal Counsel

Soylu Law provides specialized representation for juvenile defendants in Istanbul.

Our firm understands the unique aspects of juvenile justice and advocates for outcomes prioritizing rehabilitation and future opportunities. We work with families to address underlying issues while protecting children’s legal rights.

We assist international families whose children face charges in Turkey. Our team coordinates with foreign consulates, manages translation needs, and explains Turkish juvenile justice procedures to families unfamiliar with the system.

Reach out to discuss your child’s case and explore options for positive resolution.

 

For more assistance or consultation on this matter, you can contact us.