Age correction lawsuit is a lawsuit filed to the court of first instance in cases where the identity age of the person is different from his/her real age. In essence, we can say that it is a kind of civil registry correction case. With the age correction lawsuit, various medical, biological and physiological data are examined and reported by experts, the concrete facts put forward with evidence such as witness statements are evaluated by the judge, and if the court decides that the identity age is incorrect and does not reflect the real age, it is decided to change the date of birth record in the civil registry records and therefore the age.
The fact that the information in the civil registration record does not reflect the real situation is mostly related to the date of birth and, accordingly, age. Until the recent past, especially in rural areas, children were registered late or early in the civil registry, or were registered with other siblings, which may not reflect their real age. These mistakes cause some problems in the lives of individuals. For example, a person registers his/her child’s age early in the civil registry in order to be able to carry out some licence procedures, but when he/she reaches an advanced age, he/she is sometimes unable to take the exam because the upper age limit is stipulated for taking some exams. In addition to this, as a current issue, in terms of benefiting from the paid military service, people whose real age was not written in the population had problems and could not benefit from the opportunity of paid military service. For such reasons, the age change case is extremely important.
Article 218/2 of the Code of Criminal Procedure No. 5271 stipulates that “In the event that a problem is encountered during the prosecution phase regarding the determination of the age of the victim or the defendant in terms of criminal provisions, the court shall resolve this problem in accordance with the procedure specified in the relevant law and render its judgement.” Pursuant to this provision, the legislator has given a special authority to the criminal courts to correct the age during the prosecution phase.
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