9501

JUVENILE PROTECTION LAW

Law No : 5395
Adoption Date : 3/7/2005
Published in O.G. : Dated: 15/7/2005 Numbered : 25876
Batch : 5 Volume : 44 Page:

PART I
Purpose, Scope, Fundamental Principles, Protective and Supportive Measures

SECTION ONE
Purpose, Scope, Definitions and Fundamental Principles

Purpose
Article 1- (1) The purpose of this Law is to regulate the procedures
and principles with regard to protecting juveniles who are in need of
protection or who are pushed to crime, and ensuring their rights and well-
being.
Scope
Article 2- (1) This Law covers the provisions related to the
principles and procedures of the measures that will be taken with regard to
juveniles who are in need of protection and the safety measures to be
applied with regard to juveniles pushed to crime, along with the
establishment, duties and capacities of juvenile courts.
Definitions
Article 3- (1) For the purposes of this Law, the terms used herein
shall have the following meanings:
a) Juvenile: Any individual that has not yet completed age eighteen,
regardless of whether they have reached full legal age earlier. Within this
scope:
1. Juvenile in need of protection: Any juvenile whose physical,
mental, moral, social or emotional development and personal safety is in
danger, who are neglected or abused, or who are victims of crime,
2. Juvenile pushed to crime: Any juvenile about whom an
investigation or prosecution is carried out on the allegation that he/she has
committed an act which is defined as a crime in the Laws, or any juvenile
about whom a security measure has been decided due to an act he/she has
committed,
b) Court: Juvenile courts and juvenile heavy penal courts,
c) Juvenile judge: The judge of the juvenile court which renders the
decisions for the measures that will be taken with regard to juveniles
pushed to crime and juveniles that are in need of protection, except for
those about whom prosecution procedures have been started,
d) Institution: Public or private institutions where juveniles covered
under the scope of this Law are looked after and supervised, and where the
measures decreed about such juveniles are fulfilled,
e) Social worker: members of the profession graduated from
institutions that provide education in the fields of psychological consulting
and guidance, psychology, and social services

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Fundamental Principles
Article 4- (1) For the purposes of this Law, in order to protect the
rights of juveniles, the following fundamental principles shall be observed:
a) safeguarding juveniles’ right to life, development, protection and
participation,
b) safeguarding the interest and well-being of juveniles,
c) No discrimination towards the juvenile or his/her family for any
reason whatsoever,
d) ensuring the participation of the juvenile and his/her family in
the process via keeping them informed,
e) cooperation between the juvenile, his/her family, the related
authorities, public institutions and non-governmental organizations,
f) following a procedure that is based on human rights, fair,
effective and swift,
g) employing special care appropriate to the situation of the
juvenile throughout the investigation or prosecution process,
h) supporting the juvenile in developing his/her personality, social
responsibility and education as appropriate for his/her age and
development, when taking and implementing the decisions,
i) Penalty of imprisonment and measures that restrict liberty shall
be the last resort for juveniles,
j) When deciding measures, caring at institution and keeping at
institution shall be considered as the last resort; when taking and
implementing the decisions, ensuring that social responsibility is shared,
k) Keeping juveniles separate from adults at the institutions where
they are cared for and looked after and where the court decisions are
implemented,
l) Taking measures to prevent others from detecting the identity of
the juvenile in transactions related to juveniles, trials and when carrying out
the decisions.

SECTION TWO
Protective and Supportive Measures

Protective and Supportive Measures

Article 5- (1) Protective and supportive measures are measures to
be taken in terms of consulting, education, care, health and shelter, for the
purpose of protecting the juvenile within his/her own family environment
before all else. These measures are as follows:
a) Consultancy measure, is a measure oriented to providing
guidance on child rearing to those who are responsible for the care of the
juvenile, and guidance to juveniles on solving problems related to their
education and development;
b) Education/training measure, is a measure oriented to ensure
that the juvenile attends an education institution as a day-student or
boarding student, attends a vocational training course or arts & crafts
course, or is deployed with a master of profession or at a workplace
belonging to the public or private sector for the purpose of acquiring a job
or a profession,
c) Care measure, is a measure to make governmental or private care
centre services or foster family services available for the juvenile or place
the juvenile under the care of such institutions, in the event that the person
responsible for the care of the juvenile fails to fulfil his/her care duties due
to any reason,
d) Health measure, is a measure to ensure necessary temporary or
continuous medical care and rehabilitation for treatment and protection of
the juvenile’s physical and physiological health, and treatment and therapy
for juveniles who use addictive substances,
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e) Shelter measure is a measure to provide a suitable shelter for

those who have children but do not have a place to live, or to pregnant
women whose lives are in danger.

(2) The identification and address information of those about

whom a shelter measure as defined in paragraph 1 subparagraph (e) is being
implemented shall be kept confidential if they so demand.
(3) If it is established that the juvenile is not under any danger, or if
it is understood that, although the juvenile is in danger, such danger can be
eliminated by supporting the juvenile’s parent or guardian or the person
who is responsible for the juvenile’s care, then the juvenile shall be
delivered to these persons. For the purposes of this paragraph, one of the
measures specified in paragraph one can also be decided with regard to the
juvenile.
Applying to the Agency
Article 6- (1) Judicial and administrative authorities, law
enforcement officers, health and education institutions and non-
governmental organizations have the obligation to notify the Social Services
and Child Protection Agency of any juveniles that are in need of protection.
The juvenile and the persons who are responsible for the care of the
juvenile can apply to the Social Services and Child Protection Agency to
take the juvenile under protection.
(2) The Social Services and Child Protection Agency shall
immediately carry out the necessary enquiry regarding the events notified to
it.
Taking Protective and Supportive Court Decisions
Article 7- (1) Protective and supportive court decisions regarding
juveniles can be taken by the juvenile judge either suo sponte or upon the
request of the juvenile’s father, mother, guardian, the person responsible
for the care and supervision of the juvenile, the Social Services and Child
Protection Agency or the Public prosecutor.
(2) Before rendering a court decision, a social enquiry regarding the
juvenile shall be carried out.
(3) The type of the measure shall be indicated in the decision. The
judge may decide for one or more measures.
(4) The judge may also decide for taking under supervision the
juvenile about whom he/she has decided for a protective and supportive
measure.
 (5) Taking into consideration the development of the juvenile, the
Judge may decide to change or abrogate the protective and supportive
measure. In case of emergencies, this decision may also be rendered by the
local judge where the juvenile is located. However, in such a case, the
decision shall be notified to the judge or court that had rendered the
original decision.
(6) The execution of the measure shall terminate automatically
when the juvenile completes age eighteen. However, the judge may decide
to continue with the implementation of the measure for a certain period of
time in order to allow the juvenile to continue his/her training or
education, provided that the consent of the juvenile is taken.
(7) Aside from rendering decisions for protective and supportive
measures regarding juveniles that are in need of protection, the court shall
also have the authority to decide with regard to custody, guardianship,
warship, caretaker, trustee, alimony and personal contact, in accordance
with the provisions of the Turkish Civil Code dated 22.11.2001 and
numbered 4721.
Capacity with regard to Measures
Article 8- (1) Protective and supportive measures regarding
juveniles in need of protection shall, for the benefit of the juvenile, be
decided by the juvenile judge of the locality where the juvenile, his/her
mother, father, guardian or those with whom he/she lives are located.
(2) The implementation of the decision for a measure shall be
inspected by the deciding judge or court at intervals of maximum three
months.
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(3) The judge or the court may, suo sponte or upon the request of
the supervision officers, the juvenile’s parent, guardian, caretaker or
supervisor, the representative of the institution or person implementing
the measure and the Public prosecutor, examine the results of the measure
being implemented with regard to the juvenile, and abrogate, extend or
change the measure.
Urgent Protection Decisions
Article 9- (1) In case of a situation which requires taking the
juvenile under immediate protection, the juvenile shall be taken under care
and supervision by the Social Services and Child protection Agency, and
then the Agency shall apply to the juvenile judge within five days at the
latest following the day the Juvenile was brought to the Agency, in order
for an urgent protection decision. The judge shall decide with regard to the
request within three days. The judge may decide for keeping the juvenile’s
location confidential and, when necessary, establishment of personal
contact.
(2) An urgent protection decision can only be rendered for a
limited period of maximum thirty days. Within this period, the Agency shall
carry out a social enquiry regarding the juvenile. If, following the enquiry,
the Agency concludes that there is no need to decide for a measure, it shall
notify the judge of its opinion and the services it will provide. Whether the
juvenile is to be delivered to his/her family or whether any other measures
are to be taken shall be decided by the judge.
(3) In case the Agency concludes that a measure is required for the
juvenile, it shall file a request to the judge demanding for a protective and
supportive measure.
Carrying out care and shelter measures
Article 10- (1) The Social Services and Child Protection Agency
shall take the necessary measures immediately with regard to events
referred to it, and shall place the juvenile under the care of governmental or
private organizations.
Juvenile-specific safety measures
Article 11- (1) The protective and supportive measures regulated in
this Law shall be interpreted as juvenile-specific safety measures with
respect to juveniles who are pushed to crime and who do not have penal
liability.
Mental Disorder
Article 12- (1) In case the juvenile pushed to crime also has a
mental disorder, juvenile-specific safety measures shall be applied for
juveniles falling under the scope of paragraphs one and two of Article 21 of
the Turkish Penal Code dated 26.9.2004 and numbered 5237.
Procedures for Court Decisions
Article 13- (1) Except for the cases provided for in paragraph
seven of Article 7 of this Law, a decision for measures shall be rendered
without any hearings for juveniles pushed to crime and who do not have
penal liability and juveniles that are in need of protection. However, the
judge may hold a hearing if considered necessary.
(2) Before rendering a decision for measure, the opinion of the
juvenile having adequate perception capacity shall be taken, the relevant
persons may be heard, and preparation of a social enquiry report regarding
the juvenile may be demanded.
Appeals
Article 14- (1) In accordance with the provisions of this Law, the
legal path to appeal a decision for measures rendered by the juvenile judge
shall be open. The appeal shall be filed to the nearest juvenile court in
accordance with the appeal provisions of the Criminal Procedures Law
dated 4.12.2004 and numbered 5271.
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PART II
Investigation and Prosecution
SECTION ONE
Investigation
Investigation
Article 15- (1) Investigations related to juveniles pushed to crime
shall be carried out personally by the Public prosecutor assigned at the
juvenile bureau.
(2) During interrogation and other procedures related to the
juvenile, the juvenile may be accompanied by a social worker.
(3) When considers necessary during investigation, the Public
prosecutor may file a request to the juvenile judge for a protective and
supportive measure regarding the juvenile.
Detaining a juvenile
Article 16- (1) Detained juveniles shall be kept at the juvenile unit
of the law enforcement.
(2) In cases where the law enforcement does not have a juvenile
unit, the juveniles shall be kept separate from detained adults.
 Crimes committed through participation
Article 17- (1) In case of juveniles who have committed crime
together with adults, the investigation and prosecution shall be carried out
separately.
(2) In such a case, the necessary measures shall also be applied with
regard to juveniles; nevertheless, if considered necessary, the court may
delay the trial related to the juvenile until the finalization of the case
continuing in the general court.
(3) In case it is considered necessary that the trials be carried out
together, general courts may decide, during any stage of the trial, for
consolidation of trials, on the condition that such consolidation is found
appropriate by the courts. In such an event, the joint cases shall be
administered at general courts.
Transfer of the Juvenile
Article 18- (1) Chains, handcuffs and similar tools cannot be put
on juveniles. However, when necessary, the law enforcement may take
necessary measures to prevent the juvenile from escaping, or to prevent
dangers that may arise with regard to the life and physical integrity of the
juvenile or others.
Deferring the commencement of a public prosecution suit
Article 19- (1) If the upper limit of the penalty provided for in the
law for the committed act requires penalty of imprisonment for more than
three months and up to two years (including two years) or requires judicial
monetary fine, the public prosecution, which will be commenced with
regard to the suspect after the evidences are collected by the Public
prosecutor, may be deferred for five years, provided that all of the
following conditions co-exist:
a) If the juvenile has no previous convictions for any intentional
crimes,
b) If the conducted investigation gives the opinion that the suspect
will refrain from committing a crime if the commencement of public
prosecution is deferred,
c) if deferring the commencement of a public prosecution will be
more beneficial than commencing a public prosecution suit both for the
suspect and the society,
d) if the damage caused to the victim or the public by the extortion
of the crime has been indemnified completely via exact return, restoring to
original state as was before the crime or via paying compensation.
The condition set forth in subparagraph (d) of this paragraph may
not be sought if the economic means of the juvenile or his/her family are
not favourable for such indemnification.
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(2) Implementation of the decision to postpone the

commencement of public prosecution shall be subject to the approval of
the juvenile judge. This decision shall be rendered within five days.
(3) In case the juvenile is not sentenced to a penalty of
imprisonment for an intentional crime he/she has committed within the
deferment period, it shall be decided that there is no requirement for
prosecution. In case the juvenile is sentenced to a penalty of imprisonment
for an intentional crime he/she has committed within the deferment
period, a public prosecution shall be commenced. Statute of limitations
shall not run during the deferment period.
(4) Decisions regarding deferment of the commencement of a
public prosecution shall be recorded in a dedicated system. These records
can only be used for the purpose stated in this Article and in connection
with an investigation or prosecution, by the Public prosecutor, the judge or
by the court upon demand.
(5) For juveniles who have not yet completed age fifteen at the
time of committing the act, the upper limit for prison penalty provided for
in paragraph one shall be applied as three years (including three years).
Judicial control
Article 20- (1) At the investigation or prosecution stages related to
juveniles pushed to crime, the court may, as judicial control measures,
decide for the one or several of the measures listed below, or for the
measures specified under Article 109 of the Criminal Procedures Law:
a) No moving outside specified peripheral boundaries.
b) No access to certain places or access to certain places only.
c) No contact with specified persons and organizations.
(2) However, in case these measures do not bring favourable
outcomes, or in case it is understood that these measures will not bring
favourable outcomes or in case of violation of these measures, the court
may decide for an arrest.
Prohibition of Arrest
Article 21- (1) An arrest warrant cannot be issued for juveniles
who have not yet completed age fifteen for acts that require an
imprisonment penalty with an upper limit of five years.

SECTION TWO
Prosecution
Hearing
Article 22- (1) The juvenile, his/her parent, guardian, court-
assigned social worker, the family that has assumed the care of the juvenile,
or if the juvenile is cared for by the Agency, the representative of the
Agency may be present at the hearing.
(2) The court or the judge may allow a social worker to accompany
the juvenile during the juvenile’s interrogation or during other procedures
regarding the juvenile.
(3) The juvenile present at the hearing may be taken outside the
courtroom if his/her interests require so; additionally, a juvenile whose
interrogation procedures have been completed may not be required to be
present at the hearing.
Putting Off Announcement of the Verdict
Article 23- (1) If the penalty determined after the trial procedures
carried out with respect to the crime with which the juvenile is found guilty
is imprisonment for maximum three years (including three years) or judicial
monetary fine, the court may decide to put off the announcement of the
sentence.
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(2) A decision to put off the announcement of the sentence shall

require the following:
a) The juvenile shall have no prior convictions for an intentional
crime.
 b) The court shall have the opinion that the juvenile will not
commit any other crimes.
c) Due to the personal characteristics of the juvenile and his/her
attitude and behaviour during the trial, the court concludes that it is not
necessary to sentence the juvenile to a penalty.
d) Complete rectification of the damages incurred by the victim or
the public due to the delinquency, via exact return, restoring to original
state as before the extortion of the delinquency or through compensation.
In case of failure to determine the damage incurred by the public due to
committed delinquency, the amount of money to be appreciated by the
court must be deposited to the cashier of the Ministry of Finance as
lumpsum. However, this condition may not be sought if the economic
means of the juvenile or his/her family are not favourable.
(3) In case of a decision to put off the announcement of the
sentence, the juvenile shall be subjected to a measure of supervised
freedom (probation) for a period of five years. The judge may decide that
the juvenile: continue attending an educational institution; be banned access
to certain places; be imposed an obligation to attend certain institution or
to fulfil another obligation which will be appreciated by the court, within
such period. During probation, the statute of limitations shall cease
running.
(4) In case of failure to fulfil the condition set forth in paragraph
2(d), the court may decide to put off the announcement of the sentence
and impose one of the following obligations on the accused for the
probation period:
a) Full indemnification of the damage incurred by the victim or the
public due to the offence committed, via payment in monthly instalments.
b) In case of failure to determine the damage incurred by the
public due to the committed offence, depositing to the Finance cashiers the
amount to be appreciated by the Court, in monthly instalments.
(5) In case the juvenile is not sentenced to imprisonment due to an
intentional crime he/she has committed within the probation period and in
case the behaviours of the juvenile are in concordance with the imposed
obligations, the court shall decide for abatement of the case.
(6) In case the juvenile is convicted due to an intentional crime
requiring imprisonment that he/she has committed within the probation
time or in case the juvenile acts in violation of the imposed obligations, the
court shall announce the verdict that it had put off. However, taking into
consideration the circumstances regarding fulfilment of the obligations, the
court may reduce the penalty for up to 50%.
(7) The decision to put off announcement of the verdict may be
appealed.
(8) The decision to put off announcement of the verdict shall be
registered in a dedicated system. These records can only be used for the
purpose stated in this Article and in connection with an investigation or
prosecution, by the Public prosecutor, the judge or by the court upon
demand.
Negotiation and Settling
Article 24- (1) Negotiation and settling with regard to juveniles
pushed to crime shall be applicable for crimes the investigation and
prosecution of which are dependent on complaint or which are committed
intentionally and the lower limit of penalty for which is imprisonment not
exceeding two years or judicial monetary fine, or for negligent offences.
(2) For juveniles who have not yet completed age fifteen on the
date of the delinquency, the lower limit for penalty of imprisonment
provided for in paragraph one shall be three years.
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PART III
Courts and Public Prosecutor’s Offices
SECTION ONE
Establishment, Duties and Capacities of Courts

Establishment of courts
Article 25- (1) The juvenile court shall be composed of a single
judge. These courts shall be founded in each provincial centre. In addition,
they may be established in the districts determined taking into
consideration the geographical locations and work load of the regions, by
obtaining the positive opinion of the Supreme Council of Judges and Public
Prosecutors. Where required due to heavy work load, more than one
chambers may be established for juvenile courts. These chambers shall be
given numbers. The Public prosecutor shall not be present at the hearings
administered at juvenile courts. The Public prosecutors of the locality of
the juvenile courts may refer to legal remedies against the decisions of
juvenile courts.
(2) Juvenile heavy penal courts shall have one presiding judge and
an adequate number of members, and the court shall sit with one presiding
judge and two members. These courts shall be established in the localities
determined taking into consideration the geographical locations and work
load of the regions, by obtaining the positive opinion of the Supreme
Council of Judges and Public Prosecutors. Where required due to heavy
work load, more than one chambers may be established for juvenile heavy
penal courts. These chambers shall be given numbers.
Duties of Courts
Article 26- (1) Juvenile courts shall administer the actions filed
with regard to juveniles pushed to delinquency, for crimes falling under the
jurisdiction of basic penal courts and penal courts of peace.
(2) Juvenile heavy penal courts shall administer suits related to
crimes committed by juveniles and falling under the jurisdiction of the
heavy penal court.
(3) Courts and juvenile judges shall have the duty to take the
necessary measures specified in this law and in other laws.
(4) Public prosecution suits filed with regard to juveniles shall be
administered at the courts established via this Law, provided that the
provisions of Article 17 herein shall be reserved.
Judicial territory of the courts
Article 27- (1) The judicial territory of juvenile courts shall be
determined with the territorial boundaries of the province or district in
which it is established.
(2) The judicial territory of juvenile heavy penal courts shall be the
administrative territories of the central province or district where they are
located, and of the districts which are judicially connected thereto.
(3) Any decision to determine or change the judicial territories of
the juvenile courts and juvenile heavy penalty courts in consideration of
geographic location and work load shall be given by the Supreme Council
of Judges and Public Prosecutors upon the proposal of the Ministry of
Justice.
Appointment of Judges
Article 28- (1) Judge appointments to courts shall be made by the
Supreme Council of Judges and Public Prosecutors, selecting among judges
and Public prosecutors who have earned the right for appointment to the
region of appointment or to the next lower region, who are assigned to
duties in the judiciary, preferably specialized in juvenile law with training in
the fields of child psychology and social services.
(2) Priority shall be given to those who express a willing interest for
the appointment and those who have previously served in such posts.
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(3) In case the appointed judge fails to take up his/her post due to
any reason, the chairperson of the judicial justice commission shall, also
taking into consideration the qualifications sought in paragraph one,
designate which of the local judges will assume the post until the originally
appointed judge starts office or until a new appointment is made by the
Supreme Council of Judges and public Prosecutors.

SECTION TWO
Public Prosecutor’s Office and Law Enforcement

Public prosecutor’s juvenile bureau

Article 29- (1) A juvenile bureau shall be established at the Chief
Public Prosecutor’s Offices. An adequate number of Public prosecutors
shall be assigned to this bureau by the Chief Public prosecutor, from
among those who meet the qualifications provided for in paragraph one of
Article 28.
Duties of the Juvenile Bureau
Article 30- (1) The duties of the juvenile bureau shall be as follows:
a) to carry out the investigation procedures related to juveniles
pushed to crime,
b) to ensure that necessary measures are taken without any delay, in
cases which require measures to be taken with regard to juveniles,
c) to work in cooperation with the relevant public institutions and
organizations and non-governmental organizations for the purpose of
providing the necessary support services to juveniles who need help,
education, employment or shelter, from among juveniles who need
protection, who are victims of a crime or who are pushed to delinquency;
and to notify such and similar cases to the authorized institutions and
organizations, and
d) to carry out the duties specified in this Law and in other laws.
(2) In cases where delay is considered to be risky, these duties may
also be carried out by Public prosecutors who are not assigned to juvenile
bureaus.
Juvenile unit of the law enforcement
Article 31- (1) Law enforcement duties related to juveniles shall be
carried out first of all by the juvenile units of the law enforcement.
(2) When starting a procedure related to juveniles in need of
protection or pushed to crime, the juvenile unit of the law enforcement
shall notify the situation to the juvenile’s parent or guardian, or to the
person who has undertaken the care of the juvenile, to the bar and the
Social Services and Child Protection Agency, and if the juvenile is residing
at a public institution, then also to the representative of such institution.
However, any relatives of the juvenile who are suspected of soliciting the
juvenile to commit the crime or of abusing the juvenile shall not be given
any information.
(3) The juvenile shall be allowed to be accompanied by a next-of-
kin during the period he/she remains at the law enforcement.
(4) The personnel at the juvenile unit of the law enforcement shall
be provided with training on topics such as juvenile law, prevention of
juvenile delinquency, child development and psychology, social services and
so on, by their own agencies.
(5) In case of a notification or establishment that the juvenile is in
need of protection or in case of existence of reasons indicating that waiting
for an urgent protection decision will be against the interest of the juvenile,
the juvenile unit of the law enforcement shall secure the safety of the
juvenile by taking the measures required due to the circumstances and shall
deliver the juvenile to the Social Services and Child Protection Agency as
soon as possible.
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Training
Article 32- (1) Judges and Public prosecutors to be assigned at the
courts, and the social workers and probation officers appointed at
probation and assistance centre directorates shall be provided with training
on subjects such as juvenile law, social service, child development and
psychology in line with the principles set forth by the Ministry of Justice
during candidateship periods.
(2) It shall be ensured that those appointed to serve at courts
receive in-service training oriented to provide them with the opportunity to
specialize in their fields and self-development.
(3) The principles and procedures for pre-service and in-service
training shall be determined with a regulation.

SECTION THREE
Social Enquiry

Social Workers
Article 33- (1) The Ministry of Justice shall appoint an adequate
number of social workers to courts, from among the candidates who have
completed at least an undergraduate program. In appointments, those who
have completed graduate programs on child and family problems, juvenile
law and juvenile delinquency shall be given preference.
(2) The social workers appointed to the Courts and serving at the
Social Services and Child Protection Agency implementing the measures
covered under the scope of this Law shall be given an appropriation equal
to 50% of their gross monthly salaries.
(3) In case such social workers are not available, or in case there are
actual or legal hindrances that prevent them from carrying out duty or in
case of a need for another field of specialization, those employed in other
public institutions and organizations and those who are self-employed may
also be assigned as social workers, provided that they have the
qualifications set forth in paragraph one.
(4) If the environment of the juvenile about whom a social enquiry
will be made is outside the jurisdiction area of the court, the enquiry shall
be carried out by the local court of the place where the juvenile is located,
subject to the orders of the court administering the case. In places falling
within the greater municipality territories, this enquiry may be conducted by
the social workers working in connection with the court administering the
case.
Duties of Social Workers
Article 34- (1) Duties of social workers shall be as follows:
a) to carry out enquiries, immediately, about the juvenile with
which they are assigned, to submit the reports they prepare to the assignor
authorities,
b) To be present next to the juvenile during interrogation or cross-
examination, and
c) To carry out the other duties assigned by the courts and juvenile
judges under this Law.
(2) The officers shall have the obligation to assist the social
workers during their studies and to provide them with any requested
information on the juvenile.
(3) The money spent by the social workers during their duties and
the duty expenses appreciated by the court shall be paid from the flagrante
delicto appropriation of the Chief Public prosecutor’s office.
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Social Enquiry
Article 35- (1) An enquiry clarifying the individual characteristics
and social environment of the juveniles covered under this Law shall be
conducted when considered necessary by courts, juvenile judges or Public
prosecutors. The social enquiry report shall be taken into account by the
court when assessing the juvenile’s capacity to perceive the legal meaning
and consequences of the act he/she has committed and his/her ability to
direct his/her behaviours with regard to such act.
(2) In cases which require immediate measures, social enquiry may
be conducted at a later date.
(3) In case the court or the juvenile judge decides not to run a
social enquiry about the juvenile, the grounds for such decision shall be
included in the decision.

SECTION FOUR
Supervision

Decision to take under supervision

Article 36- (1) The court may decide to take under supervision the
juvenile about whom a protective and supportive measure have been
decided, about whom the decision to defer the commencement of a public
prosecution action has been approved, and about whom it has been
decided to put off the announcement of verdict.
Appointing a supervision officer
Article 37- (1) The directorate of probation and assistance centre
shall appoint a supervision officer for juveniles taken under supervision.
However, in case of juveniles that are in need of protection, juveniles
pushed to crime who have not yet completed age twelve at the time of the
offence, and the juveniles about whom there is a court decision to return
them to the custody of their families, the supervision duty regarding such
juveniles shall be carried out by the Social Services and Child Protection
Agency in accordance with surveillance principles.
(2) When appointing supervision officers, the personal
characteristics and needs of the juvenile shall be taken into consideration
and those with easy access to the juvenile shall be preferred.
Duties of the Supervision Officer
Article 38- (1) Duties of the supervision officer are as follows:
a) to support, assist, and when necessary, advice the juvenile in
order to ensure the juvenile’s adaptation to the educational, familial,
institutional, business and social environment so as to realize the objective
sought with the court decision.
b) To provide guidance to the juvenile with regard to institutions
from which the juvenile can receive education, employment or support, and
with regard to his/her rights and how to exercise such rights.
c) To assist the juvenile in benefiting from the services which
he/she may need.
d) To visit the places where the juvenile stays, the persons with
whom he/she contacts, and hence examine on-site the education and
business performance of the juvenile, and his/her leisure activities.
e) to monitor the implementation of the court decision, the
consequences of the implementation thereof, and its effects on the juvenile,
and to inspect the fulfilment of the obligations imposed on the juvenile.
f) to submit reports on the development of the juvenile, at three-
month intervals, to the Public prosecutor or the court.
(2) When carrying out his/her duties, the supervision officer shall
cooperate with the juvenile’s parents, guardian, caretaker and teachers.
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(3) Representatives of the institutions who have information on the

juvenile’s mother, father, guardian, caretaker, supervisor, school, workplace
or on the juvenile shall have the obligation to assist the supervision officer
and provide him/her with any information he/she may request in line with
his/her duties.
(4) The juvenile’s next-of-kin cannot interfere with the capacities of
the supervision officer.
Supervision plan and report
Article 39- (1) The methodology of the supervision that will be
applied for the juvenile shall be determined by the supervision officer,
together with the specialist carrying out the social enquiry or the social
worker at the court, via a plan that they will prepare within 10 days
following the appointment.
(2) The following shall be taken into consideration when preparing
the plan:
a) the purpose, nature and duration of the measure taken with
regard to the juvenile,
b) the juvenile’s needs,
c) The seriousness of the state of danger in which the juvenile is,
d) the degree of support given to the juvenile by his/her parents,
guardian, caretaker and supervisor,
e) In case of any measures as a result of being pushed to crime, the
nature of the act constituting an offence,
f) The opinion of the juvenile.

(3) The supervision plan shall be implemented as soon as it is

approved by the court or the juvenile judge. The supervision officer shall
report to the court or the juvenile judge the manner in which the court
decision is being implemented, its effects on the juvenile and whether the
juvenile’s parents, guardian, individuals or institutions responsible for
looking after and supervising the juvenile fulfil their responsibilities duly,
whether there are any conditions that require a change in the decided
measure and any other issue on which a report may be requested, every
month and whenever demanded.
End of supervision
Article 40- (1) Supervision shall terminate with the end of the
period provided for in the court decision. In case the benefit expected from
the measure is achieved beforehand, the supervision may be lifted before
the expiry of the prescribed period.
(2) Supervision shall end when the juvenile is arrested for another
crime or when the juvenile starts serving the penalty.
Obtaining information on social enquiry and supervision reports
Article 41- (1) The lawyer or legal representative of the juvenile
may acquire a copy of the social enquiry report and the supervision plan
from the Public prosecutor, the court or from the juvenile judge. The
juvenile shall be given information abut the contents of the report.
(2) However, in case it is concluded that informing the persons
specified in paragraph one, except for the juvenile and his/her lawyer,
about the social enquiry report and the supervision plan is against the
interests of the juvenile, the examination of these documents may be
banned partially or completely.
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PART IV
Miscellaneous

Applicable provisions
Article 42- (1) In cases for which no provisions are set forth in this
Law, the provisions of the Criminal Procedures Law, the Turkish Civil
Code, Civil Procedures Law dated 18.6.1927 and numbered 1086, and the
Law of Social Services and Child Protection Agency dated 24.5.1983 and
numbered 2828 shall be applied.
(2) For supervision issues for which no provisions are set forth in
this Law, the provisions of the Law on Probation and Assistance Centres
and Protection Rules shall be applied.
Costs of the Juvenile
Article 43- (1) Costs of the supportive and protective measures
decreed with regard to the juvenile shall be paid by the Government. The
amount payable shall be established via a court decision.
(2) In case the financial means of the person responsible for the
care of the juvenile pursuant to the provisions of the Turkish Civil Code is
not favourable, the amount paid by the Government shall be collected via
recourse to the relevant persons and authorities.
Public Officials
Article 44- (1) The provisions of the Law on Trial of Civil Servants
and Other Public Officials dated 2.12.1999 and numbered 4483 shall not be
applied to public officials in connection with the duties falling under the
scope of this Law.
Institutions
Article 45- (1) The supportive and protective measures included in
Article 5 of this Law shall be carried out as follows:
a) consulting and shelter measures specified in subparagraphs (a)
and (e) by the Ministry of National Education, the Social Services and Child
Protection Agency and by local governments,
b) education/training measures specified under subparagraph (b)
by the Ministry of National Education and the Ministry of Labour and
Social Security,
c) care measures specified under subparagraph (c) by the Social
Services and Child Protection Agency,
d) health measures specified under subparagraph (d) by the
Ministry of Health.
(2) Any and all kinds of assistance and support requests placed by
the Social Services and Child Protection Agency with regard to the
fulfilment of law enforcement services required during the execution of the
care and shelter measures, the rehabilitation and education of the juveniles,
or with regard to other issues falling under the jurisdiction of other
ministries shall be responded to, without any delay, by the Ministry of
National Education, the Ministry of Interior, the Ministry of Health and the
other relevant ministries and public organizations and institutions.
(3) The Ministry of Justice shall coordinate the execution of these
measures.
Staff
Article 46- (1) An adequate number of staff shall be provided from
relevant classes to carry out the establishment procedures and activities of
the courts which will be established under this law.
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Regulation
Article 47- (1) Principles and procedures related to the
implementation of Articles 5 and 10 of this law shall be regulated with
regulations which will be issued jointly by the Ministry of Justice and the
Social Services and Child Protection Agency within six months; principles
and procedures related to the implementation of the other Articles shall be
regulated via a regulation to be issued by the Ministry of Justice within 6
months.
Provisions revoked
Article 48- (1) The Law on Establishment, Duties and Trial
Procedures of Juvenile Courts dated 7.11.1979 and numbered 2253 has
been revoked.
(2) References in the legislation to the revoked Law on
Establishment, Duties and Trial Procedures of Juvenile Courts dated
7.11.1979 and numbered 2253 shall be considered as made to the
provisions of this Law.
Provisional Article 1- (1) Cases and works pending at the juvenile
courts established under Law numbered 2253 and falling under the
jurisdiction of the juvenile courts established with this Law shall be
transferred to the juvenile courts as soon as they start operating.
(2) Cases and works being administered at general penal courts and
concerning accuseds who have completed age eighteen on the effective
date of this Law shall not be transferred to the juvenile courts or juvenile
heavy penal courts.
(3) In places where there are no juvenile courts or juvenile heavy
penalty courts, investigations and prosecutions concerning crimes
committed by juveniles shall be carried out in accordance with the
provisions of this law by the Chief Public prosecutor’s offices and
competent courts, until juvenile courts or juvenile heavy penal courts are
established and start operating.
(4) In places where there are no juvenile courts, measures regarding
juveniles who are in need of protection shall be decided by the assigned
family or the civil court of first instance, until the juvenile court is
established and starts operating.
(5) Under the coordination of the Ministry of Justice, the relevant
ministries and attached organizations shall take the necessary measures to
execute the supportive and protective measures, within six months
following the coming into effect of this Law. In addition, the relevant
ministries and attached organizations may cooperate with non-
governmental organizations to this end.
Effective Date
Article 49- (1) The effective date for this Law shall be as follows:
a) provisions regarding the services that will be performed by the
Social Services and Child Protection Agency with regard to juveniles
pushed to crime and about whom there is a care measure being
implemented, and paragraph 1(e) of Article 5 shall become effective after
six months following the date of promulgation,
b) The second sentence in paragraph one of Article 37, and
paragraph 1(a) of Article 5 shall come into effect after 1 year following the
date of promulgation,
c) The other provisions shall come into effect on the date of their
promulgation.

Execution
Article 50- (1) The provisions of this Law shall be executed by the
Council of Ministers.