What is the Crime of Child Abduction and Detention?
What Is the Crime of Abduction and Retention of a Child?
In this article, I would like to discuss the crime of abduction and retention of a child. This crime is regulated in the eighth section of the second book of the Turkish Penal Code, titled "Special Provisions," which covers "Crimes Against Family Order."
Abduction and retention of a child
Article 234- (1) In the event that a parent whose custody rights have been revoked, or a blood relative up to the third degree, abducts or retains a child who has not completed the age of sixteen from the person who has custody, guardianship, or care and supervision of the child, without the use of force or threat, a sentence of imprisonment from three months to one year shall be imposed.
(2) If the act is committed using force or threat, or if the child has not yet completed the age of twelve, the penalty shall be increased by one fold.
(3) A person who retains a child who has left home without the knowledge or consent of their legal representative, even if with the child's consent, without informing the family or the competent authorities, shall be punished upon complaint with imprisonment from three months to one year.
The legal interest protected by the crime of abduction and retention of a child;
By establishing this crime, it is aimed to punish those who violate the custody and guardianship rights arising from family law held by a legal guardian or persons with care and supervision authority, as well as to protect the minor themselves (the consent of a child under sixteen does not exempt the act from being a crime). In this respect, for example, if a minor is abducted or retained with the consent of the minor and the rights holder, the act does not constitute a crime. Since the crime can be committed using "force or threat," the minor's physical integrity, inner peace, and freedom to make decisions independently are also protected.
The material elements of the crime of abduction and retention of a child are: abduction and retention.
Abduction is the removal, displacement, transport, or distancing of a minor from the sphere of influence of those holding custody or guardianship rights or those caring for and protecting them to another place. Abduction can take various forms. For example, dragging, taking along, or directing elsewhere. This form of action necessarily requires a change of location. This change of location must continue for a certain period of time. Therefore, taking a minor for a short stroll cannot be considered abduction.
Retention (keeping with oneself) is when the victim, who entered the perpetrator's security sphere with their own consent, is kept by the perpetrator.
The difference between abduction and retention is that in abduction, the perpetrator transports the victim into their own sphere of influence, whereas in retention, the victim, who entered the perpetrator's security sphere by their own will, is kept within this sphere of dominance.
The perpetrator of the crime, for the first paragraph, is the parent whose custody rights have been revoked or blood relatives up to the third degree. For the third paragraph, it can be anyone, excluding those listed in the first paragraph.
The victim of the crime is the child's guardian, the person under whose care and supervision the child is, and the child themself.
The qualified element of the crime requiring a more severe penalty is regulated in Article 234/2 of the Turkish Penal Code: "If the act is committed using force or threat, or if the child has not yet completed the age of twelve, the penalty shall be increased by one fold."
The moral elements of the crime of abduction and retention of a child; this crime can be committed intentionally.
The investigation procedure for the crime; the investigation of the crime is carried out ex officio; for the third paragraph, a complaint is not required.
I wish that you will never encounter the type of crime I have tried to summarize above, neither as a perpetrator nor as a victim, and I would like to remind you that if you witness or hear of this type of crime, you must report it to law enforcement agencies as a civic duty. Wishing you healthy and peaceful days.