Children in Turkish Law

Turkish Civil Code - Article 28

Birth and death

Personhood begins when a child is born alive and ends with death. A child acquires legal capacity, provided they are born alive, from the moment of conception.

Turkish Criminal Code - Article 6
(1) In the application of criminal laws;
b) The term “child” refers to a person who has not yet reached the age of eighteen.

Criminal Responsibility of Children
1-12 YEARS OLD
Article 31- (1) Children who have not reached the age of 12 at the time of committing the act are not criminally responsible. Criminal proceedings cannot be brought against these persons, but security measures specific to children may be applied.

12-15 YEARS
(2) (Amended paragraph: 29/6/2005 – 5377/5) Persons who have reached the age of twelve but not yet reached the age of fifteen at the time of committing the act shall not be criminally liable if they are unable to comprehend the legal meaning and consequences of the act or if their ability to control their behavior is not sufficiently developed. However, special security measures for children shall be imposed on such persons. If they are capable of understanding the legal meaning and consequences of the act they committed and of controlling their behavior in relation to that act, they shall be sentenced to imprisonment for a term of twelve to fifteen years if the crime warrants aggravated life imprisonment, or for a term of nine to eleven years if it warrants life imprisonment. Other penalties shall be reduced by half, and in this case, the prison sentence to be imposed for each act cannot exceed seven years.

15-18 YEARS OF AGE
(3) (Amended paragraph: 29/6/2005 – 5377/5) If the offender was at least fifteen years old but under eighteen years old at the time of the offense, and the offense warrants aggravated life imprisonment, the sentence shall be eighteen to twenty-four years; if it warrants life imprisonment, the sentence shall be twelve to fifteen years. One-third of other penalties shall be reduced, and in this case, the prison sentence imposed for each offense may not exceed twelve years.

Deafness and Mutism
Article 33 - (1) The provisions of this Law concerning children who have not reached the age of twelve at the time of the offense shall apply to deaf and mute persons who have not reached the age of fifteen; The provisions of this Law concerning persons who have reached the age of twelve but not yet reached the age of fifteen shall also apply to deaf and mute persons who have reached the age of fifteen but not yet reached the age of eighteen. The provisions of this Law concerning persons who have reached the age of fifteen but not yet reached the age of eighteen shall also apply to deaf and mute persons who have reached the age of eighteen but not yet reached the age of twenty-one.

0-12 (0-15)
12-15 (15-18)
15-18 (18-21)

CHILD PROTECTION LAW
Article 1121- (1) No arrest warrant may be issued for acts committed by children under the age of fifteen that carry a maximum prison sentence of five years.
Precautionary and supportive measures that may be taken under Article 5 are measures to be taken in the areas of counseling, education, care, health, and shelter, aimed at ensuring that the child is primarily protected in his or her own family environment. These include:

a) Counseling measure: Guiding those responsible for the care of the child on child-rearing issues; guiding children on the resolution of issues related to their education and development

b) Education measure: Ensuring that the child attends a day or boarding school; attends a vocational or arts course for the purpose of acquiring a job or profession; or is placed with a skilled professional or in a public or private sector workplace.

c) Care measure: If the person responsible for the child's care is unable to fulfill their duties for any reason, the child shall be provided with official or private care home or foster care services or placed in such institutions.

d) Health measure: Temporary or permanent medical care and rehabilitation necessary for the protection and treatment of the child's physical and mental health, and treatment for those who use addictive substances.

e) Shelter measure: Measures aimed at providing suitable shelter for persons with children who have no place to live or for pregnant women whose lives are in danger.

CHILDREN IN THE TURKISH PENAL CODE
Instigation to Commit a Crime
TCK Article 38
(1) A person who instigates another to commit a crime shall be punished with the penalty for the crime committed.
(2) Where incitement to commit a crime is carried out by exploiting influence arising from a relationship of ascendants or descendants, the penalty for the inciter shall be increased by one-third to one-half. Where children are incited to commit a crime, the existence of a relationship of ascendants or descendants shall not be required for the penalty to be increased in accordance with this paragraph.

Security Measures
TCK Article 56
(1) The nature of security measures specific to children and the manner in which they are to be applied are specified in the relevant law. (Child Protection Law)

Statute of Limitations
TCK Article 66
The statute of limitations begins to run from the date the crime was committed in the case of completed crimes, from the date of the last act in the case of attempted crimes, from the date of the interruption in the case of continuous crimes, from the date of the last crime in the case of consecutive crimes, and from the date the child reaches the age of eighteen in the case of crimes committed against children by their ascendants or persons having authority and influence over them.

Experiments on Human Subjects
TCK Article 90
(1) A person who conducts a scientific experiment on a human being shall be punished with imprisonment for a term of one to three years.
(2) For a scientific experiment conducted on a human being with consent not to incur criminal liability:
a) The necessary permission must have been obtained from the competent committee or authority regarding the experiment,
b) The experiment must first have been conducted in a non-human experimental environment or on a sufficient number of animals,
c) The scientific data obtained from experiments conducted in non-human experimental environments or on animals must necessitate conducting the experiment on humans in order to achieve the desired goal,
d) The experiment must not cause foreseeable harmful and permanent effects on human health,
e) Methods that cause pain incompatible with human dignity must not be applied to the person during the experiment,
f) The objective sought to be achieved by the experiment must outweigh the burden it places on the person and the risk to their health,
g) Consent must be given in writing, based on sufficient information about the nature and results of the experiment, and must not be contingent on any benefit.
(3) (Amended: 31/3/2005 – 5328/7) In order for scientific experiments on children not to incur criminal liability, in addition to the conditions required in the second paragraph;
a) The scientific data obtained as a result of the experiments must necessitate that they also be performed on children in order to achieve the desired goal,
b) The child who has the capacity to express consent must give their own consent. 
c) A pediatrician must be present on the committees authorized to grant permission for the trial.

Abandoning a Child
TCK Article 97
(1) A person who abandons a person who is unable to care for themselves due to their age or illness and who is therefore under a duty of care and supervision shall be punished with imprisonment for a term of three months to two years.
(2) If the victim contracts an illness, is injured, or dies as a result of the abandonment, the punishment shall be determined in accordance with the provisions for aggravated offenses due to the consequences.

Failure to Assist a Child
TCK Article 98
(1) A person who fails to assist, to the extent possible under the circumstances, a person who is unable to care for themselves due to their age, illness, injury, or any other reason, or who fails to immediately report the situation to the relevant authorities, shall be punished with imprisonment for up to one year or a fine.
(2) If the person dies as a result of the failure to provide assistance or report the situation, the offender shall be sentenced to imprisonment for a term of one to three years.

Abortion
Turkish Penal Code Article 99
(1) A person who causes a woman to have an abortion without her consent shall be punished with imprisonment from five to ten years. (2) A person who causes a woman to have an abortion, even with her consent, when the pregnancy is more than ten weeks old, without medical necessity, shall be punished with imprisonment from two to four years. In this case, the woman who consents to the abortion shall be sentenced to imprisonment for up to one year or a judicial fine. (5) If a woman's pregnancy is not more than ten weeks old, even with her consent, and the abortion is caused by an unauthorized person, the person shall be sentenced to imprisonment from two to four years. If the other acts defined in the above paragraphs are committed by an unauthorized person, the penalty to be imposed according to these paragraphs shall be increased by half.

(6) If a woman becomes pregnant as a result of a crime of which she is the victim, no penalty shall be imposed on the person who terminates the pregnancy, provided that the pregnancy is not more than twenty weeks old and with the woman's consent. However, this requires the pregnancy to be terminated by specialist doctors in a hospital setting.

Abortion
Turkish Penal Code Article 100
(1) If a woman intentionally aborts her child after more than ten weeks of pregnancy, she shall be sentenced to imprisonment for up to one year or a judicial fine.

SEXUAL CRIMES
Turkish Penal Code
Article 103 – Crime of sexual abuse
Article 104 – Sexual intercourse with a minor
Article 105 – Sexual harassment
Article 226 – Obscenity
Article 226/3 – Child pornography

Sexual Abuse Crime
Turkish Penal Code Article 103
(Amended: 18/6/2014-6545/59 art.) (1) (First and second sentences amended: 24/11/2016-6763/13 art.) A person who sexually abuses a child shall be punished with imprisonment from eight to fifteen years. If the sexual abuse remains at the level of molestation, imprisonment from three to eight years shall be imposed. (Added sentence: 24/11/2016-6763/13 art.) If the victim has not completed twelve years of age, the sentence to be given cannot be less than ten years in case of abuse and five years in case of molestation. If the perpetrator of the crime that remains at the level of molestation is a child, the investigation and prosecution depend on the complaint of the victim, his/her parent or guardian. The term sexual abuse means;

a) Any sexual act committed against children who have not completed fifteen years of age or who, although having completed fifteen years of age, do not have the capacity to understand the legal meaning and consequences of the act.

b) Sexual acts committed against other children only based on coercion, threat, deception, or another reason affecting their will.

(2) (Re-enactment: 24/11/2016-6763/13 art.) If sexual abuse is committed by inserting an organ or other object into the body, a prison sentence of not less than sixteen years shall be imposed. If the victim has not completed twelve years of age, the sentence shall not be less than eighteen years.

DEFINITIONS
Sexual Abuse: Any sexual behavior directed at a child.
Mocking: Touching the victim's body with a sexual act that is momentary and not repeated.
Aggravated Sexual Abuse: Insertion of an organ or other object into the body.
The distinction between molestation and abuse is that one is momentary and the other is continuous.
Aggravating Circumstances
(3) If the crime is committed:
a) by more than one person together,
b) by taking advantage of the ease provided by environments where people are obliged to live together in a group,
c) against a person with whom there is a blood or marriage relationship up to the third degree, or by a stepfather, stepmother, stepbrother or adoptive parent,
d) by a guardian, educator, teacher, caregiver, foster family or health service provider or persons with a duty of protection, care or supervision,
e) by abusing the influence provided by a public office or service relationship, the penalty to be given according to the above paragraphs shall be increased by half. (4) If sexual abuse is committed against children under subparagraph (a) of the first paragraph by force or threat, or against children under subparagraph (b) by using a weapon, the penalty to be given according to the above paragraphs shall be increased by half. (5) If the force and violence used for sexual abuse cause serious consequences of the crime of intentional injury, the provisions relating to the crime of intentional injury shall also be applied. (6) If the victim enters a vegetative state or dies as a result of the crime, aggravated life imprisonment shall be imposed.

Sexual Intercourse with a Minor
Turkish Penal Code Article 104
(1) A person who has sexual intercourse with a child who has completed fifteen years of age without force, threat or deception shall be punished, upon complaint, with imprisonment from two to five years. (Amended wording: 6545 - 18.6.2014 / m.60) (2) (Repealed: By the decision of the Constitutional Court dated 23/11/2005, E: 2005/103, K: 2005/89) (Re-enactment: 6545 - 18.6.2014 / art.60) If the crime is committed by a person with whom the victim has a marriage prohibition, a sentence of imprisonment from ten to fifteen years shall be imposed without the need for a complaint. (3) (Added: 6545 - 18.6.2014 / art.60) If the crime is committed by a person who undertakes the pre-adoption care of the child to be adopted or who has the obligation of protection, care and supervision within the framework of a foster family relationship, the sentence shall be imposed according to the second paragraph without the need for a complaint.

Sexual Harassment
Turkish Penal Code Article 105
(1) A person who sexually harasses another person shall be sentenced to imprisonment from three months to two years or a judicial fine upon the complaint of the victim (Amended wording: 6545 - 18.6.2014 / m.61), and if the act is committed against a child, to imprisonment from six months to three years. (2) (Amended: 6545 - 18.6.2014 / m.61) The crime;

a) By taking advantage of the ease provided by a public office or service relationship or an intra-family relationship,
b) By guardians, educators, teachers, caregivers, foster families or health service providers or persons with a duty of protection, care or supervision,
c) By taking advantage of the ease provided by working in the same workplace,
d) By taking advantage of the ease provided by postal or electronic communication tools,
e) By display, the penalty to be given according to the above paragraph shall be increased by half. If the victim is forced to quit their job, leave school or leave their family as a result of this act, the penalty to be given shall not be less than one year.

Obscenity
Turkish Penal Code Article 226
(1) a) A person who gives a child products containing obscene images, writings or words, or shows, reads, has them read or listens to their content,
b) A person who shows, displays, reads, has them read, says or has them said their content in places where children can enter or see, or publicly, shall be punished with imprisonment from six months to two years and a judicial fine.

Child Pornography
Turkish Penal Code Article 226
(3) A person who uses children, representative images of children, or persons who appear to be children in the production of products containing obscene images, writings, or words shall be punished with imprisonment from five to ten years and a judicial fine of up to five thousand days. A person who imports, reproduces, offers for sale, sells, transports, stores, exports, possesses, or makes available to others these products shall be punished with imprisonment from two to five years and a judicial fine of up to five thousand days.

(5) A person who publishes or mediates the publication of the content of the products in the third and fourth paragraphs through the press and media, or who enables children to see, hear, or read them, shall be punished with imprisonment from six to ten years and a judicial fine of up to five thousand days.

Incitement to Prostitution of a Child
Turkish Penal Code Article 227
(1) A person who incites a child to prostitution, facilitates it, procures or harbors a child for this purpose, or acts as an intermediary in the prostitution of a child, shall be punished with imprisonment from four to ten years and a judicial fine of up to five thousand days. Preparatory acts for the commission of this crime shall also be punished as if the crime had been completed.

Gambling by Children
Turkish Penal Code Article 228
(1) A person who provides a place and means for gambling shall be punished with imprisonment up to one year and a judicial fine. (2) If a place and means are provided for children to gamble, the sentence shall be increased by one fold.

Begging by Children
Turkish Penal Code Article 229
(1) A person who uses children or persons who are physically or mentally incapable of managing themselves as tools for begging shall be punished with imprisonment from one year to three years. (2) If this crime is committed by blood relatives or in-laws up to the third degree, or by a spouse, the sentence shall be increased by half. (3) If this crime is committed within the framework of organized activity, the sentence shall be increased by one fold.

Altering a Child's Lineage
Turkish Penal Code Article 231
(1) A person who alters or conceals a child's lineage shall be punished with imprisonment from one to three years. (2) A person who, by acting contrary to the duty of care, causes a child in a health institution to be mixed with another child shall be punished with imprisonment up to one year.

Violation of Obligations Arising from Family Law
Turkish Penal Code Article 233
(1) A person who fails to fulfill the obligation of care, education, or support arising from family law shall be punished, upon complaint, with imprisonment up to one year. (2) A person who abandons his/her spouse, whom he/she knows to be pregnant, or an unmarried woman with whom he/she lives continuously and whom he/she knows to be pregnant, in a helpless situation shall be punished with imprisonment from three months to one year. (3) Even if their parental rights have been revoked, a mother or father who, due to habitual drunkenness, the use of drugs or stimulants, or dishonorable conduct and behavior, severely endangers the morals, safety, and health of their children due to a lack of material and moral care, shall be punished with imprisonment from three months to one year.

Kidnapping and Abduction of a Child
Turkish Penal Code Article 234
(1) If a mother or father whose parental authority has been revoked, or a blood relative up to the third degree, kidnaps or abducts a child under the age of sixteen from the person who is under their guardianship, trusteeship, or care, without using force or threat, they shall be sentenced to imprisonment from three months to one year. (2) If the act is committed using force or threat, or if the child is under the age of twelve, the sentence shall be increased by one fold. (3) (Added: 6/12/2006 – 5560/10 art.) A person who keeps a child who has left home without the knowledge or consent of their legal representative, even with their consent, without informing the family or the competent authorities of the situation, shall be punished with imprisonment from three months to one year upon complaint.

Failure to Report a Crime
Turkish Penal Code Article 278
(Repealed: By the Constitutional Court's decision dated 30/6/2011, E.:2010/52, K.:2011/113; Amended: 2/7/2012-6352/91 art.)
(1) A person who fails to report a crime being committed to the competent authorities shall be punished with imprisonment up to one year. (2) A person who fails to report a crime that has been committed, but whose consequences can still be limited, to the competent authorities shall be punished according to the provisions of the above paragraph.
(3) If the victim is a child under fifteen years of age, a person with a physical or mental disability, or a person who is unable to defend themselves due to pregnancy, the penalty to be imposed according to the above paragraphs shall be increased by half.

PROVISIONS ON PATERNITY
Turkish Civil Code
A. Surname
Article 321 - If the parents are married, the child shall bear the surname of the family; if they are not married, the child shall bear the surname of the mother. However, if the mother has a double surname due to a previous marriage, the child shall bear her maiden surname.

B. Mutual Obligations
Article 322 - The mother, father, and child are obligated to help each other, show respect and understanding, and safeguard the family honor in a manner required for the peace and integrity of the family.

C. Personal Relationship with the Child
I. With the Mother and Father
1. Rule
Article 323 - Each parent has the right to request the establishment of an appropriate personal relationship with the child who is not under their custody or has not been entrusted to them.

2. Limits
Article 324 - Each parent shall be prohibited from harming the other's personal relationship with the child,

They are obliged to refrain from hindering the child's education and upbringing. If the child's peace is endangered due to personal contact, or if the parents use these rights contrary to their obligations stipulated in the first paragraph, or if they do not seriously care for the child, or if there are other important reasons, the right to establish personal contact may be refused or taken away from them. (Added third paragraph: 24/11/2021-7343/38 art.) If the parent to whom custody is granted fails to fulfill the requirements of the personal contact arrangement, custody may be changed, provided that it is not contrary to the child's best interests. This matter shall be warned to the parties in the decision regarding the establishment of personal contact.

II. With Third Parties
Article 325 - In extraordinary circumstances, the right to request the establishment of personal contact with the child may also be granted to other persons, especially relatives, to the extent that it is in the child's best interests. The limitations prescribed for parents shall be applied to third parties by analogy.

III. Jurisdiction
Article 326 - The court of the child's place of residence has jurisdiction in all arrangements concerning the establishment of personal relationships. Jurisdiction rules regarding divorce and the preservation of the marital union are reserved. Until an arrangement is made regarding personal relationships with the child, no personal relationship can be established without the consent of the person who has custody rights or to whom the child has been entrusted.

D. Covering the Care and Education Expenses of Children
I. Scope
Article 327 - The necessary expenses for the care, education, and protection of the child are covered by the parents. If the parents are poor, or if the child's special circumstances necessitate extraordinary expenses, or if any extraordinary reason exists, they may, with the permission of the judge, use a certain amount from the child's assets sufficient for the child's care and education.

II. Duration
Article 328 - The parents' obligation to care for the child continues until the child reaches adulthood. If the child continues their education after reaching adulthood, the parents are obligated to care for the child until the education ends, to the extent that can be expected of them according to their circumstances.

III. Right to Sue
Article 329 - The mother or father who is actually caring for the minor may file a maintenance lawsuit against the other parent on behalf of the child. In cases where it is necessary for a minor who lacks the capacity to discern, a maintenance lawsuit may also be filed by the appointed guardian or trustee. A minor who has the capacity to discern may also file a maintenance lawsuit.

IV. Determination of Maintenance Amount
Article 330 - The amount of maintenance is determined taking into account the child's needs, the living conditions and payment capabilities of the mother and father. The child's income is also considered in determining the amount of maintenance. Maintenance is paid in advance each month. Upon request, the judge may decide on the amount of maintenance to be paid in future years, taking into account the social and economic circumstances of the parties, if the maintenance is decided to be paid in the form of periodic payments.

V. Change of Circumstances
Article 331 - In case of a change of circumstances, the judge, upon request, will redetermine the amount of maintenance or terminate the maintenance.

VI. Temporary Measures
1. In General
Article 332 - When a maintenance lawsuit is filed, the judge, upon the request of the plaintiff, takes the necessary measures during the lawsuit. If paternity is established, the defendant may be ordered to deposit or temporarily pay an appropriate amount of maintenance.

2. Before Determination of Paternity
Article 333 - If maintenance is requested together with a paternity lawsuit, and the judge finds a strong possibility of paternity, he/she may decide on an appropriate maintenance amount for the child's needs before the judgment.

VII. Provision of Security
Article 334 - If the mother and father consistently and persistently fail to fulfill their maintenance obligations, or if it can be assumed that they are preparing to flee, or that they are spending or wasting their assets recklessly, the judge may decide to provide an appropriate security for future maintenance obligations or, if necessary, to take other measures.

CUSTODY
A. In General

I. Conditions
Article 335 - A minor child is under the custody of his/her parents. Custody cannot be taken away from parents unless there is a legal reason. Unless the judge deems it necessary to appoint a guardian, restricted adult children also remain under the custody of their parents.

II. If the parents are married
Article 336 - As long as the marriage continues, the parents exercise joint custody. If the common life has ended or a separation has occurred, the judge may grant custody to one of the spouses. In case of the death of one parent, custody belongs to the surviving parent; in case of divorce, it belongs to the parent to whom the child is entrusted.

III. If the parents are not married
Article 337 - If the parents are not married, custody belongs to the mother. If the mother is a minor, restricted, deceased, or has had custody taken away from her, the judge appoints a guardian or grants custody to the father, according to the child's best interests.

IV. Stepchildren
Article 338 - Spouses are obliged to show care and attention to their minor stepchildren. The spouse exercising custody over their own child shall be assisted appropriately by the other spouse; To the extent that circumstances and conditions necessitate, they represent the child for the child's needs.

Scope of Custody
Article 339 - The parents are responsible for the care and education of the child.
Parents make and implement necessary decisions, taking into account the child's best interests. The child is obligated to obey their parents. Parents allow the child the opportunity to organize their own life to the extent of their maturity; they consider the child's opinion as much as possible in important matters. The child cannot leave home without the consent of their parents and cannot be taken away from them without a legal reason. The parents name the child.

Education
Article 340 - Parents educate the child according to their means and ensure and protect their physical, mental, spiritual, moral, and social development. Parents provide the child, especially those with physical and mental disabilities, with a general and vocational education to the extent appropriate to their abilities and inclinations.

Religious Education
Article 341 - The right to determine the child's religious education belongs to the parents. Any agreement that restricts the parents' rights in this matter is invalid. The adult is free to choose their religion.

Child's Legal Capacity
Article 343 - The legal capacity of a child under guardianship is the same as the legal capacity of a person under guardianship. A child is liable for debts with their own assets, regardless of the parents' rights over the child's property.

Minores and Those Under Guardianship with the Capacity to Discern
Article 16 - Minors and those under guardianship with the capacity to discern cannot incur debts through their own actions without the consent of their legal representatives. This consent is not required in cases of gratuitous acquisition and the exercise of rights strictly personal to the individual. Minors and those under guardianship with the capacity to discern are liable for their tortious acts.