Evaluation of the "School Change" Penalty for Secondary School Children in the Turkish Penal Code

 

 ABSTRACT

 It is stated that the "School Change" sanction should be applied to secondary school students if the acts listed in Article 55th of the Regulation on Pre-School and Primary Education Institutions of the Ministry of National Education are committed. Although the aforementioned Regulation states that the student behavior evaluation board should consider the student's age, developmental characteristics, and problems in implementing this sanction, it is known that the "School Change" sanction is applied in practice. The "School Change" sanction foreseen especially for students under the age of 12 in secondary schools may adversely affect the psychological, economic, and academic success of the child. However, in the TPC, it is stated that the child under the age of 12 does not have a criminal capacity and cannot be punished, as she cannot foresee the legal meaning and consequences of the act committed. On the other hand, there are differences in the evaluation and implementation of acts that require disciplinary punishment and those that constitute a crime. Even in terms of discipline, if a child under the age of 12 cannot perceive the meaning and consequences of an act, imposing a punishment that will negatively affect her future may cause irreparable consequences. For this reason, it is recommended to apply the "Condemnation" sanction instead of the "School Change" sanction for students younger than 12 years old.