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Questions and Answers
Under what circumstances can cases be consolidated in general courts?
Under what circumstances can cases be consolidated in general courts?
What is explicitly prohibited regarding the treatment of children in legal settings?
What is explicitly prohibited regarding the treatment of children in legal settings?
In which type of court are consolidated cases heard?
In which type of court are consolidated cases heard?
What conditions must be met for a court to decide to consolidate cases?
What conditions must be met for a court to decide to consolidate cases?
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When can a decision to consolidate cases be made during legal proceedings?
When can a decision to consolidate cases be made during legal proceedings?
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What determines which judge will temporarily take over if a judge is unable to attend to their duties?
What determines which judge will temporarily take over if a judge is unable to attend to their duties?
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Which authority is responsible for designating a substitute judge in the absence of the original judge?
Which authority is responsible for designating a substitute judge in the absence of the original judge?
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What criteria must be considered when selecting a judge to replace an absent judge?
What criteria must be considered when selecting a judge to replace an absent judge?
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What happens to a judge's responsibilities if they are unable to attend due to any reason?
What happens to a judge's responsibilities if they are unable to attend due to any reason?
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Who decides whether the child should be handed over to the family or another appropriate measure?
Who decides whether the child should be handed over to the family or another appropriate measure?
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What action does the institution take if it concludes a protective measure for the child is necessary?
What action does the institution take if it concludes a protective measure for the child is necessary?
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What role does the head of the judicial commission play when a judge is unable to fulfill their duties?
What role does the head of the judicial commission play when a judge is unable to fulfill their duties?
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What is referred to when there are no specific provisions in this law?
What is referred to when there are no specific provisions in this law?
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What type of decision can the judge make regarding a child's welfare?
What type of decision can the judge make regarding a child's welfare?
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Which of the following is NOT a responsibility of the institution regarding the child?
Which of the following is NOT a responsibility of the institution regarding the child?
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Which of the following laws is specifically mentioned as applicable when provisions are absent?
Which of the following laws is specifically mentioned as applicable when provisions are absent?
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What is the outcome if a protective measure for the child is deemed necessary by the institution?
What is the outcome if a protective measure for the child is deemed necessary by the institution?
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What date is associated with the Law of Civil Procedure in this context?
What date is associated with the Law of Civil Procedure in this context?
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Which statement accurately reflects the hierarchy of laws applicable when specific provisions are missing?
Which statement accurately reflects the hierarchy of laws applicable when specific provisions are missing?
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What can be concluded about the application of the laws listed in the context?
What can be concluded about the application of the laws listed in the context?
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What happens in places where children's courts and children's heavy criminal courts do not exist until these courts are established?
What happens in places where children's courts and children's heavy criminal courts do not exist until these courts are established?
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Who takes action regarding protective measures for children in areas without a children's court?
Who takes action regarding protective measures for children in areas without a children's court?
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Which statement reflects an accurate understanding of the responsibilities of the Republic Prosecutor's office regarding children's crimes?
Which statement reflects an accurate understanding of the responsibilities of the Republic Prosecutor's office regarding children's crimes?
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Until children's courts become operational, what type of cases are handled by the Republic Prosecutor's Office?
Until children's courts become operational, what type of cases are handled by the Republic Prosecutor's Office?
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In the absence of children's courts, which type of court is responsible for issuing precautionary measures for children in need of protection?
In the absence of children's courts, which type of court is responsible for issuing precautionary measures for children in need of protection?
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Who is responsible for executing the provisions of this law?
Who is responsible for executing the provisions of this law?
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What is the purpose of the list mentioned in the content?
What is the purpose of the list mentioned in the content?
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Which document provides a list of amendments and their effective dates?
Which document provides a list of amendments and their effective dates?
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What does the phrase 'Değiştiren Kanun' refer to in the context provided?
What does the phrase 'Değiştiren Kanun' refer to in the context provided?
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Which entity would NOT be involved in the execution of this law?
Which entity would NOT be involved in the execution of this law?
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Flashcards
Child Custody Decision
Child Custody Decision
A judge decides if a child should be returned to their family or if other protective measures are needed.
Institution
Institution
An institution that cares for children, such as an orphanage or foster care system.
Protective and Supportive Measure
Protective and Supportive Measure
A legal order that aims to protect and support a child.
Institution Requests Protective Measures
Institution Requests Protective Measures
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Judge's Authority
Judge's Authority
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Combining Cases in General Courts
Combining Cases in General Courts
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Child Restraint Prohibition
Child Restraint Prohibition
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Child Relocation
Child Relocation
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Judicial Discretion for Combining Cases
Judicial Discretion for Combining Cases
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Appropriate Combining of Cases
Appropriate Combining of Cases
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Execution of the Law
Execution of the Law
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Article 50
Article 50
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Law No. 5395 Amendments
Law No. 5395 Amendments
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Amendment Law No.
Amendment Law No.
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Effective Date
Effective Date
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Judge's Absence
Judge's Absence
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Judicial Justice Commission
Judicial Justice Commission
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Qualifications for Replacement Judges
Qualifications for Replacement Judges
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Temporary Judge
Temporary Judge
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Continuity of Court Operations
Continuity of Court Operations
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Missing Legal Provisions
Missing Legal Provisions
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Code of Criminal Procedure
Code of Criminal Procedure
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Turkish Civil Code
Turkish Civil Code
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Who handles child crimes without specialized courts?
Who handles child crimes without specialized courts?
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Social Services and Child Protection Agency Law
Social Services and Child Protection Agency Law
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Who protects children in need before child courts exist?
Who protects children in need before child courts exist?
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What happens to a child who commits a crime in an area without a child court?
What happens to a child who commits a crime in an area without a child court?
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Supplemental Law
Supplemental Law
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Which laws apply in the absence of specialized child courts?
Which laws apply in the absence of specialized child courts?
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Who is responsible for child protection when there are no dedicated child courts?
Who is responsible for child protection when there are no dedicated child courts?
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Study Notes
Child Protection Law (Turkey)
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Purpose: The law aims to protect children who need protection or have been involved in crime, ensuring their rights and well-being.
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Scope: The law covers measures for children in need of protection and security measures for children involved in crime, as well as establishing child courts and their roles.
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Key Terms:
- Child: A person under 18 years of age, even if they have reached legal adulthood earlier.
- Child in Need of Protection: A child whose physical, mental, moral, social, or emotional development, or personal safety is at risk, neglected, abused, or a victim of crime.
- Child Involved in Crime: A child accused of a crime under the law, or a child who has received a security measure for their actions.
- Court: Child courts and juvenile courts.
- Child Judge: The judge in a child court who decides on measures for children involved in or in need of protection.
- Institution: An official or private institution caring for children and implementing court-ordered measures.
- Social Worker: A trained professional from fields like psychology, sociology, child development, teaching, family or consumer sciences, or social work.
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Protective and Supportive Measures: Primary measures focus on keeping children in their family environments, with support through counseling, education, care, health, and housing.
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Counseling: Guidance for those responsible for the child's care concerning child-rearing.
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Education: Enrolling children in day or boarding schools, vocational or artistic training, apprenticeships in public or private sectors.
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Care: Official or private care facilities/foster care when the people responsible for the child's care cannot fulfill their duties.
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Health: Temporary/ongoing medical and rehabilitation care for physical or mental health problems, including substance abuse treatment.
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Housing: Providing appropriate housing for homeless or at-risk individuals, including pregnant women.
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Mandatory Reporting: Judicial and administrative authorities, law enforcement, health and education institutions, and civil society organizations are obligated to report children in need of protection to the Social Services and Child Welfare Institutions.
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Child Involvement: Children and their caretakers are entitled to input into decisions affecting them.
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Cooperation: Collaborative efforts between children, families, relevant entities, and civil society.
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Procedures: Fair, effective, and swift processes based on human rights.
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Special Consideration: Individualized attention and consideration for the child's developmental stage during investigations and judicial proceedings.
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Restorative Measures: Custodial measures, detention are a last resort.
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Institution Placement: Residential care is reserved for extreme cases.
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Privacy: Measures to safeguard a child's identity during legal processes.
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Child Court Jurisdiction: Covers crimes falling under original jurisdiction of the penal and conciliation courts for children involved in crime.
- Juvenile court: Handles severe crimes committed by children.
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Jurisdictional Zone: Based on the child's residence, parents, guardians.
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Law Enforcement: First responders/law enforcement to work with child protection services.
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Investigation: Social investigation before any decision.
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Judicial Review: Decisions can be appealed.
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Juvenile Court Duties: Judges can review measures, change or terminate orders and consider parental or custodial rights issues.
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Duration: Measures typically automatically cease at 18.
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Juvenile Court Roles: Trial or hearing on the child's case.
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Judicial Control: Measures to control a child's actions.
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Detainment Exceptions: Children under 15 are generally not subject to detention for crimes.
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Joint Criminal Acts: Separate trials for adults and children implicated in the same incident.
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Amendment Dates: Lists effective dates of various legislative revisions.
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Description
This quiz explores the circumstances of case consolidation in general courts, the treatment of children in legal settings, and the mechanisms for appointing substitute judges. Delve into the criteria necessary for judicial decisions regarding children and the consolidation of cases. Test your knowledge on these important legal principles.