Akademik Veri Yönetim Sistemi
Dinçmen Adli Psikiyatri, Gökhan Oral, Editör, Istanbul University-Cerrahpaşa University Press (IUC University Press), İstanbul, ss.74-86, 2024
In cases in which children in the twelve to fifteen age group are the perpetrators of sexual offenses, the determination of criminal responsibility of the child is only possible by medicolegal evaluation. As the child's criminal liability is often seen, it is not an assessment of whether there is a mental illness alone. The evaluation of the Turkish Penal Code No. 5237 seeks is an assessment of the ability of the actors to perceive the legal meaning and results of the act and to guide their behavior in relation to the offense. This evaluation should be made by considering variables such as physical, psychological, individual developmental characteristics, social status, adolescence level of the child. In practice, there is no standard for this assessment and this deficiency can lead to serious erroneous results in terms of juvenile justice.In this study it is aimed to discuss the issue of performing a multidisciplinary retrospective evaluation of criminal responsibility on three different sexual abuse cases in which the perpetrators were within the age of twelve to fifteen years at the time of the crime.
The method of retrospective assessment of criminal responsibility which will be proposed, will be discussed.