Forensic Psychiatry Practice In Turkey

Sabuncuoglu Serefeddin Health Science (SSHS) ISSN: 2667-6338, 2020/Vol.2:1 FORENSIC PSYCHIATRY PRACTICE IN TURKEY *1Naile Esra SAKA, 1Hasan BUDAK, 1Gökhan TEMEL *1Department of Forensic Medicine, Faculty of Medicine, Tekirdağ Namık Kemal University, Tekirdağ, Turkey Review Received: 04.12.2019, Accepted: 14.02.2020 *Corresponding author: Abstract Forensic medicine is a multidisciplinary science, with forensic psychiatry comprising the most important part of the field. Furthermore, in many countries forensic psychiatry is also practiced in nonmedical disciplines, such as forensic sciences framework. In Turkey, there are special fields of practice in forensic medicine and forensic psychiatry clinic as medical science. In this review, we examined the circumstances in which the application of forensic psychiatry is necessary according to the Turkish Penal Code, Turkish Civil Law and the Turkish Code of Obligations. In addition, we also aim to provide an overview of legislation and law related to different aspects of forensic psychiatry in Turkey. Key Words: Forensic psychiatry, Forensic medicine, Medicine, Medicine and law, Turkish laws. Özet Adli Tıp multidisipliner bir bilim alanı olup, adli psikiyatri bu alanın en önemli kısmıdır. Adli psikiyatri, birçok ülkede adli bilimler çerçevesinde olduğu gibi tıp dışı disiplinlerde de uygulanmaktadır. Türkiye'de ise, tıp bilimi içerisinde Adli Tıp Kliniği ve Adli Psikiyatri Kliniğinde özel uygulama alanları bulunmaktadır. Bu derlememizde, Adli Psikiyatri'nin Türk Ceza Kanunu, Türk Medeni Kanunu ve Türk Borçlar Kanunu için gerekli olduğu konuları inceledik. Ayrıca, Türkiye'deki adli psikiyatri alanına bağlı olarak farklılıklara ilişkin mevzuat ve yasaların da tanıtılmasını amaçlamaktayız. Anahtar Kelimeler: Adli psikiyatri, Adli tıp, Tıp ve yasa, Tıp, Türk kanunları. Saka, N.E., Budak, H., Temel, G. (2020). Forensic Psychiatry Practice in Turkey, Sabuncuoglu Serefeddin Health Science, 2(1), 31-39. 1. Introduction Forensic psychiatry is a discipline that encompasses forensic medicine, psychiatry, child and adolescent psychiatry and neurology with the aim of helping judicial authorities (Biçer et al., 2011). The need for laws governing for forensic psychiatry arises when the proceedings are carried out according to Criminal Law (under the Turkish Penal Code), Civil Law (under Turkish Civil Law) and the Turkish Law of Obligations (Soysal & Yeşilbursa, 2009). Criminal liability refers to the ability to protect oneself under the Turkish Penal Code. The capacity to act, the validity of marriages, and circumstances regarding the right to divorce and change gender fall under Turkish Civil Law. Finally, the effect of mental trauma on disability falls under the Turkish Law of Obligations (Soysal & Yeşilbursa, 2009). 1.1. Forensic Psychiatry in Turkey in the Context of the Penal Code According to modern law, the main purpose of punishment is to rehabilitate, to make an example of the offender and to protect society from criminals. For this reason, it is meaning less to impose punishment on people who will not benefit from it, unless it is for the purpose of protecting society. The criteria for criminal responsibility are as follows: The person must be mature in terms of age, mentally and physically, the person had the ability to control his or her behavior at the time of the crime act and the person is able to comprehend the meaning and consequences of the act committed (Gündüz, 2019). 1.1.1. Age and criminal liability (Article 31) According to the Turkish Penal Code, children under the age of 12 cannot be held criminally responsible for their actions, though child-specific conserve measures may apply (Gündüz, 2019). For children who were 12 or older but younger than 15 during the time the act was committed, it is necessary to determine whether they had the ability to perceive the legal understanding and consequences of the offense and had the capacity to control their behavior. These criteria indicate whether the child is or is not held criminally responsible for the offense. It is stated in the law that an investigation by social services is required to determine this responsibility (Gündüz, 2019). Saka, N.E., Budak, H., Temel, G. (2020). Forensic Psychiatry Practice in Turkey, Sabuncuoglu Serefeddin Health Science, 2(1), 31-39. Reduced penalties are imposed on children who are determined to be criminally responsible. Security measures can be applied if there is no criminal responsibility was established (Gündüz, 2019). The Turkish penal code recognizes that the ability to perceive the legal meaning and consequences of the offense and to control behavior is enhanced in children over the age of 15. The exception to this is if the child suffers from intellectual disability or psychiatric illness. Penalties for such individuals are reduced. The reason for this is that although they may possess some understanding of the legal aspects and consequences of the act, it does not rise to the same level of understanding as an adult’s (Gündüz, 2019). 1.1.2. Deafness and dumbness (Article 33) According to Article 33 of the Turkish Penal Code, the minimum age of criminal responsibility is 15 years old in hearing-and speech-impaired individuals whose social development is considered to be limited in comparison with their peers (Öncü & Sercan, 2018). For hearing-and speech-impaired individuals aged 15-18, the ability to perceive the legal meaning and consequences of the offense, and to direct their behavior is questioned; for those aged between 18-21, reduced penalties are imposed (Öncü & Sercan, 2018). In cases where the criteria to be held criminally responsible are met, full criminal liability will be imposed after the age of 21 (Öncü & Sercan, 2018). 1.1.3. Suspension of criminal responsibility and reduced criminal liability (Article 32) 1.1.3.1. Article 32/1 of the Turkish Penal Code relates to situations in which the criteria for criminal responsibility have not been met In cases of severe psychotic disorders, schizophrenia, paranoid disorders, organic brain syndrome, dementia and severe intellectual disability such as imbecilty (high-grade) and idiocy, the person may not be held criminal responsible (This should be decided not only by clinical diagnosis but also by examining the person’s consciousness and freedom of movement at the time of the crime) (Biçer et al., 2011). In terms of community safety, the person will be kept and treated in a high-security health care institution (Article 57). If the person is able to live independently without posingany danger to society or him or herself, he or she will be released by the court (Biçer et al., 2011). Saka, N.E., Budak, H., Temel, G. (2020). Forensic Psychiatry Practice in Turkey, Sabuncuoglu Serefeddin Health Science, 2(1), 31-39. 1.1.3.2. Reduced criminal liability (Article 32/2) In some cases, the person’s criminal responsibility is reduced; Examples include cases in volving mild ps (...truncated)