Master'sOpen Access

The minarity in punishment law

2007
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Advisor: Doç.dr. Veli Özer Özbek

Abstract (EN)

According to the children?s diversity to the adult which dependent on their phsyical and phsycological structure, the diversity on the implementation of the laws and the methods is necessary. The agreements and the rules for the rights of children and their responsibility for penalty are started to be located on the international law because of this necessity. Therefore,this necessity created the `The Law of Penalty for the Children? as a sub topic on the law of penalty. The law provider ,who sees the international developments, brings the new regulations to our law subject about the children who needs protection and who has pushed to crime within the aim to guarantee their rights and healthiness. The penalties and precautions which implemented on `The Law of Penalty for the Children? must not give pain and fine to the child but only must serve to the aims for protection and correction of children. In the law of penalty, the minarity is formed by 3 different periods which their names are 0 to 12,13 to 15 and 16 to 18. The responsibility for penalty of the child is diversed dependent on the child?s age period.On the first period, there is no penalty responsibility for the children. On the second period it is determined upon if the children has capacity for a faul tor not. The children ,who are on the third period, have not only the responsibility but also the right for reduced penalty is implemented to them.On the law of penalty,like the minarity, to be deaf or to be dumb is also a reason to reduce or cancel the responsibility of penalty and because of that the responsibility of penalty for deaves and dumbs is also determined dependent on the age periods. It is important to determine the age of the child because of the dependency of determination of the responsibility to the age of child. It is located on our laws that the conditions which show the differencies among the children and adults ,except on the effect of the smallness of age, on the institutions for delay, on deprivation of some rights, on repetition, on prescription and on investigation and prosecution of the children.

Author

Beşir Aslan

How to Cite

Beşir Aslan (Master Thesis). The minarity in punishment law, 2007, Dokuz Eylül University.

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